20.  Alton,  Illinois.  Alton  Trials  :  of 
Winthrop  S.  Oilman,  who  was  indicted  with  Enoch 
Long,  Amos  B.  Roff,  and  others,  for  the  crime  of 
Riot,  committed  on  the  night  of  Nov.  7,  1837, 
while  engaged  in  defending  a  Printing  Press  from 
an  attack  made  on  it  at  that  time  by  an  Armed 
Mob.  Also,  the  Trial  of  John  Solomon,  Levi 
Palmer,  and  others,  for  a  Riot  committed  in  Alton, 
N^ov.  7,  1837,  in  unlawfully  and  forcibly  entering 
fihe  Warehouse  of  Godfrey,  Oilman  &  Co.,  and 
breaking  up  and  destniving  a  Printing  Press.  By 
William  S.  Lincoln.  Plate.  i2mo,  cloth,  pp.  158. 
New  York,  183S.  ^2.00 


M 


in. 


THELIBRARYOF 
JOHNWICKUFF 
ICITCHELL 

PANA' ILLINOIS 
H835    —    1914- 

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IN   1931 

LIBRARYOFTHE 
VN1VLR5ITY 
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cop,  2. 


LIBRARY  OF  THE 

UNIVERSITY  OF  ILLINOIS 

AT  URBANA-CHAMPAICN 

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A  £797 
cop.   2 

I.H.S. 


TI«Ubrtry 

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ALTON    TRIALS: 

OP 

WINTHROP    S.    OILMAN, 

WHO   WAS  INDICTED   WITH 

ENOCH  LONG,  AMOS  B.  ROFF.   GEORGE  H.  WALWORTH.   GEORGE  H. 

WHITNEY,  WILLL\M  HARNED,  JOHN  S.  NOBLE,  JAMES  MORSS,  Jr, 

HENRY  TANNER,  ROYAL  WELLER,  REUBEN  GERRY,  and 

THADDEUS  B.  HURLBUT  ; 

FOR  THE  CRIME   OF  RIOT, 

Coainiittedon  the  nightof  the  7th  of  November,  1837,  while  engaged  indefendmga 

PRINTING     PRESS, 

FROM   AN   ATTACK   MADE   ON    IT   AT   THAT   TIME,    BY 

AN  ARMED  MOB. 

WRITTEN  OUT   FROM   NOTES   OF   THE   TRIAL,    TAKEN   AT  THE   TIME, 

BY  A  MEMBER  OF  THE  BAR  OF  THE  ALTON  MUNICIPAL  COURT. 

ALSO, 

THE      TRIAL      OF 

JOHN  SOLOMON,  LEVI  PALMER,  HORACE  BEALL,  J0SL4H 

NUTTER,  JACOB  SMITH,  DAVID  BUTLER,  WILLIAM 

CARR,  AND  JAMES  M.  ROCK, 

INDICTED  WITH 

JAMES  JENNINGS,  SOLOMON  MORGAN,  and  FREDERICK  BRUCHY; 

FOR  A  RIOT  COMMITTED  IN  ALTON, 

On  the  night  of  the  7th  of  November,  1837,  in  unlawfully  and  forcibly  entering  the 
Warehouse  of  Godfrey,  Gilman  &  Co.,  and  breaking  up  and  destroying  a 

PRINTING    PRESS. 

WRITTEN  ODT  FROM    NOTES   TAKEN    AT   THE    TIME    OF   TRIAL, 

BY  WILLIAM  S.  LINCOLN, 
A  Member  of  the  Bar  of  the  Alton  Municipal  Court. 


N  E  ^/-Y  O  RK: 

PUBLISHED    BY    JOHN    F.    X-ROW, 

University  Press,  36  Ann-street. 

18  3  8. 


Entereil  according  to  act  of  Congress,  in  the  year  1638,  by 

JOHN   F.   TROW. 

In  the  Clerk's  Office  of  the  District  Court  of  the  Southern  District  of  New  York, 


TO    THE    PUBLIC. 

There  has  rarely  been  an  occurrence  thai  has  pro- 
duced so  deep  and  intense  interest,  throughout  our 
whole  country,  as  the  disgraceful  and  murderous  aiffair 
at  Alton,  Illinois,  on  the  night  of  the  7th  Noveniber 
last. 

But  the  indictment  of  the  defenders,  and  the  trial  of 
an  owner  of  the  warehouse,  for  the  crime  of  riot,  in  at- 
temping  to  protect  his  property  from  mob  violence, 
together  with  the  singular  verdict  of  the  Jury,  in  the 
case  of  those  of  the  mob  that  were  tried,  has,  if  possible, 
increased  the  feeling,  and  created  a  great  desire  in  the 
public  mind,  to  know  the  facts  in  the  case.  The  pub- 
lication of  these  trials  has  been  loudly  called  for  through 
several  public  journals. 

To  gratify  the  public,  and  at  the  same  time  correct 
the  contradictory  reports  that  have  been  circulated,  by 
giving  the  facts  without  comment,  as  they  were  drawn 
out  in  evidence,  is  deemed  sufficient  apology  for  spread- 
ing the  "  Alton  Trials"  before  the  public. 

The  Publisher. 
New-York,  xMarch  27,  1838. 


|#«Slv4»j  ^ 


?75620 


ALTON    TRIALS. 


""""7i„?ar"rTS,'„'',f838.'°"'  I     Hon.  William  Martin,  Judg^ 

People  of  the  State  of  Illinois,  ^ 

vs.  >     Indictment  for  Riot. 

Winthrop  S.  Gilman.  5 


B.  F.  Murdock,  City  Sol'r.  ) 
€amuel  G.  BaiJey,  >    For 

U.  F  Linder,  Ati'y  Gen'l.    ) 


Gov't. 


G.  T.  M.  Davis,  Esq.,        ) 

A.  Cowles,  Esq.,  >  For  Def  ts, 

G.  W.  Chickering,  Esq.,  ) 


At  the  opening  of  the  Court  on  this  the  16th  day  of 
January,  1838,  the  above  case  came  on  for  trial.  The 
Clerk  proceeded  to  enipamiel  a  jury.  The  regular 
pannel  having  been  exhausted,  talesmen  were  returned 
by  the  Slieriff,  and  at  last,  after  the  names  of  thirty- 
four  persons  had  been  reiurned,  a  jury  was  obtained, 
sworn  10  try  the  issue,  consisting  of  the  following 
named  individuals  : — James  S.  Stone,  Timothy  Terrel, 
Stephen  Griggs,  Effingham  Cock,  George  Allcorn, 
Peter  Whittaker,  Horace  W.  Buffum,  Washington 
Libbey,  Luther  Johnson,  George  L.  Ward,  Anthony 
Olney,  Jacob  Rice.  In  constituting  this  Jury  the  Go- 
vernment and  accused  exercised  each  their  prerogative 
of  peremptory  challenge  to  its  full  extent,  and  twelve 
individuals  called  to  the  jury  box  were  set  aside  for  in- 
competency, by  reason  of  their  having  formed  or  ex- 
pressed an  opinion  as  to  the  guilt  or  innocence  of  the 
accused. 

Upon  the  first  calling  of  the  case,  W.  S.  Gilman, 
by  his  counsel,  moved  for  a  trial  separate  from  the 
other  individuals  included  with  him  in  the  indictment, 
alleging  that  it  was  grounded,  as  well  upon  his  right  to 
have  a  separate  trial,  as  upon  the  fact,  that  it  was  ne- 
cessary for  his  complete,  full,  and  perfect  justification  ; 

1* 


ALTON    TRIALS. 


that  intent  entered  into  the  composition  of  the  offence 
with  which  he  was  charged,  and  he  could  in  no  way 
so  well  as  by  a  separate  trial,  show  how  utterly  devoid 
he  was  of  any  criminal  intent  in  the  commissions  ol 
the  acts  for  which  he  here  stood  indicted  as  a  criminal. 
He  urged,  that  if  denied  his  application  he  might  suffer 
injustice  and  wrong,  inasmuch  as  the  exercise  by  the 
individuals  jointly  indicted  with  him,  of  their  separate 
rights  to  peremptoiy  challenge,  might  conflict  with  the 
formation  of  a  jury  by  which  his  acts  were  to  be  judg- 
ed. "Having  the  right,  I  ask,"  said  his  counsel,  "  to 
be  permitted  its  full  exercise.  I  have  the  right,  and  I 
cite  Dane's  Abridgement  to  the  point," 

Per  Curiam.  The  motion  is  granted,  and  there- 
upon a  plea  of  Not  Guilty,  individually,  nor  jointly  with 
the  others  named  in  the  indictment,  was  entered. 

Murdock,  for  Government,  in  opening. — The  de- 
fendant is  indicted  for  a  violation  of  the  117th  section 
of  the  criminal  code  of  this  State,  which  runs  in  these 
words  :  "  If  two  or  more  persons  actually  do  an  unlaw- 
ful act  with  force  or  violence  against  the  person  or  pro- 
perty of  another,  with  or  without  a  common  cause  of 
quarrel,  or  even  do  a  lawful  act,  in  a  violent  and 
tumultuous  manner,  the  persons  so  offending  shall  be 
deemed  guilty  of  a  Riot,  and,  on  conviction,  shall  se- 
verally be  fined  not  exceeding  two  hundred  dollars,  or 
imprisonment  not  exceeding  six  months." 

The  indictment  is  in  these  words  :  "  Of  the  January 
Term  of  the  Municipal  Court  of  the  City  of  Alton,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty  eight. 

State  of  Illinois,  City  of  Alto?i,  ss. 

The  Grand  Jurors  chosen,  selected,  and  sworn, 
in  and  for  the  body  of  the  City  of  Alton,  in  the  county 
of  Madison,  in  the  name  and  by  the  authority  oY 
the  People  of  the  State  of  Illinois,  upon  their  oaths 
present,  that  Enoch  Long,  Amos  B,  Roff,  George  H. 
Walworth,  George  H.  Whitney,  William  Harned,  John 
S.  Noble,  James  Morse,  junior,  Henry  Tanner,  Royal 


ALTON    TRIALS.  ' 

Weller,  Reuben  Gerry,  and  Thaddeus  B.  Hurlburt,  and 
Winthrop  S.  Oilman,  all  late  of  the  City  of  Alton,  in 
the  county  of  Madison,  and  State  of  Illinois,  on  the 
seventh  day  of  November,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  thirt5'^-seven,  with  force  and 
ai'ms,  at  the  city  of  Alton  aforesaid,  and  within  the  cor- 
porate limits  of  said  city,  unlawfully,  riotously,  and  rou- 
tously,  and  in  a  violent  and  tumultuous  manner,  resist- 
ed and  opposed  an  attempt  then  and  there  being  made 
to  break  up  and  destroy  a  printing  press,  then  and  there 
being  found  the  goods  and  chattels  of 
contrary  to  the  form  of  the  statute  in  such  cases  made 
and  provided,  and  against  the  peace  and  dignity  of  the 
people  of  the  State  of  Illinois. 

And  the  Jurors  aforesaid,  in  the  name  and  by  the 
authority  aforesaid,  upon  their  oaths  aforesaid,  do  fur- 
ther present,  that  Enoch  Long,  Amos  B.  Roff,  George 
H.  Walworth,  George  H.  Whitne}'-,  William  Harned, 
John  S.  Noble,  James  Morse,  junior,  Henry  Tanner, 
Royal  Weller,  Reuben  Gerry,  Thaddeus  B.  Hurlburt, 
and  Winthrop  S.  Gilman,  all  late  of  the  city  of  Alton, 
in  the  comity  of  Madison,  and  State  of  Illinois,  on  the 
seventh  day  of  November,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-seven,  with  force 
and  arms,  at  the  city  of  Alton  aforsesaid,  and  within 
the  corporate  limits  of  said  city,  unlawfully,  riotously, 
routously,  and  in  a  violent  and  tumultuous  manner  de- 
fended and  resisted  an  attempt  then  and  there  being 
made  by  divers  persons,  to  the  jurors  aforesaid  un- 
known, to  force  open  and  enter  the  store-house  of  Ben- 
jamin Godfrey  and  Winthrop  S.  Gilman,  there  situate, 
contrary  to  the  form  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the 
People  of  the  State  of  Illinois. 

Francis  B.  Murdock, 

Prosecuting  Attorney  for  the  Municipal  Court 

of  the  City  of  Alton  " 
Endorsed  upon  the  back  '  A  true  bill.' 

Thomas  G.  Hawley,  Foreman." 


8  ALTON    TRIALS. 

You  perceive,  Gentlemen  of  the  Jury,  that  the  indict- 
ment charges  in  each  count  a  distinct  offence.  In  the 
first  it  is  alleged,  that  the  defendant,  with  others,  unlaw- 
fully, riotously,  and  in  a  violent  and  tumultuous  man- 
ner, on  the  7th  day  of  November  last,  resisted  and  op- 
posed an  attempt  made  by  divers  persons  to  break  up 
and  destroy  a  printing  press,  then  being  the  property 
of  Benjamin  Godfrey  and  Winthrop  S.  Gilman  :  and  in 
the  second  count  it  is  charged  against  the  same  indi- 
viduals, that  they  in  the  same  violent  and  tumultuous 
manner  defended  and  resisted  an  attempt  then  and 
there  being  made  by  divers  persons  to  break  open 
and  enter  the  storehouse  of  Godfrey  &  Gilman.  The 
charge  is  for  an  unlawful  defence  of  property — unlaw- 
ful, because  violently  and  tumultuously  done.  The  de- 
fendants had  a  right  to  defend  their  property — every 
individual  has.  The  offence  consists  in  doing  the  act 
in  a  manner  not  sanctioned  by  law,  but  in  direct  viola- 
tion of  its  letter  and  spirit.  They  assembled  at  the 
storehouse  of  Godfrey  &  Gilman,  armed  with  mus- 
kets and  rifles,  with  the  acknowledged  intent  of  using 
them  in  defence  of  property  ;  and  they  did  use  them. 
The  assembly  of  such  a  body  of  m.en  armed  in  this 
manner,  and  for  the  avowed  purpose  of  defending  pro- 
perty from  destruction,  was  calculated  greatly  to  ex- 
cite the  feelings  of  the  community,  and  to  lead  to  a 
breach  of  the  peace. 

The  counsel  for  the  defence  will  place  their  justifi- 
cation upon  the  principles  of  the  Common  Law  of 
England,  which  recognises  the  right  of  every  indivi- 
dual to  defend  his  own  house  from  a  violent  intrusion, 
and  also  to  assemble  his  friends  to  aid  him  in  its  de- 
fence. This  rule  of  law  was  established  in  a  barba- 
rous age,  when  man  fought  with  man,  and  clan  was  ar 
rayed  against  clan.  Then,  every  man's  house  was  his 
castle  and  protection,  and  men  were  justified  in  using 
more  violent  means  in  defence  of  their  homes  and  tlieir 
firesides,  than  in  protection  of  other  property.  But,  gen- 
tlemen, I  take  the  broad  ground,  that  the  comnon  law 


ALTON    TRIALS.  9 

of  England,  so  far  as  it  relates  to  crimes,  has  no  force 
in  the  state  of  Illinois.  This  is  the  opinion  of  many 
of  the  ablest  lawyers  of  the  state.  No  one  will  say 
that  an  individual  can  be  indicted  at  common  law  in  our 
courts.  We  have  a  criminal  code  of  our  own,  and  un- 
less the  crime  be  defined  and  punished  by  statute,  it  is 
not  an  offence  here.  The  first  clause  of  the  criminal 
code  is  in  these  words,  "  That  the  following  shall,  from 
and  after  the  first  day  of  July  next,  constitute  the  code 
of  criminal  jurisprudence  of  this  State."  The  Legisla- 
ture intended  to  establish  a  new  system  of  criminal  law. 
To  define  crimes,  and  fix  their  respective  punishments. 
And  when  the  Legislature  said  that  a  "  violent  and  tu- 
multuous" defence  of  property  shall  constitute  crime, 
it  said  that  the  law,  and  the  law  only,  shall  be  every 
man's  castle  and  sure  protection  ;  and  the  section  under 
which  these  defendants  were  indicted,  was  enacted  for 
the  purpose  of  providing  for  the  punishment  of  such, 
who,  not  relying  upon  its  power  to  protect  their  rights, 
endangered  the  peace  of  society  by  the  use  of  violent 
means.  The  facts,  gentlemen,  the  people  expect  to 
prove,  it  is  unnecessary  for  me  to  detail  to  you.  You 
are  all  familiar  with  the  melancholy  history. 

Attend  to  the  evidence. 

Edward  Keating,  Esq.  called  and  sworn. — On  the 
night  of  the  seventh  of  November  last,  I  went  into  the 
storehouse  of  Godfrey,  Gilman  &  Co.  accompanied  by 
Mr.  Henry  H.  West.  I  saw  in  the  store  a  number  of 
people,  and  perhaps  eight  or  ten  of  them  armed.  Mr. 
Gilman  was  not  in  the  room.  Mr.  West  inquired  for 
him, — he  was  sent  for,  and  came  down  from  above  to 
see  us.  Gilman  was  not  armed.  We  went  in  to  ap- 
prise Mr.  G.  and  the  rest,  that  the  storehouse  would 
be  blown  up  or  burned,  if  the  press  was  not  given  up. 
Gilman  expressed  a  great  deal  of  surprise  that  such  a 
proceeding  should  be  thought  of,  and  that  the  citizens 
of  Alton  would  allow  such  a  thing  to  take  place.  He 
said  they  had  come  to  the  determination  to  defend  the 
property,  and   should  do   so  if  necessary,  with  their 


10  ALTON    TRIALS. 

lives.  This  was  perhaps  an  half  hour  before  the  mob 
assembled.  Mr.  Gilman  was  not  armed  if  I  recollect 
aright.  I  saw  there  Messrs.  Gilman,  Tanner,  Wal- 
worth, Lovejoy,  and  (here  witness  was  interrupted  by 
counsel  for  defence,  who  admitted  that  all  who  were 
named  in  the  indictment  were  present  in  the  building 
during  the  attack.)  All  whom  I  saw  had  arms,  except 
Gilman.  I  saw  no  guns  stacked  up  in  any  part  of  the 
room.  I  left  the  building,  and  soon  after  went  to  my 
office.  At  the  time  of  the  attack  by  those  outside  upon 
the  building,  I  heard  the  report  of  firearms.  The  first 
report  I  supposed  to  be  from  a  pistol,  and  immediately 
after,  or  nearly  at  the  same  time,  I  heard  another  re- 
port, which  I  took  to  be  that  of  a  gun.  My  impression 
is,  that  these  guns  were  from  those  outside.  I  judged 
so  from  the  sound,  or  noise  of  the  report.  Almost  im- 
mediately after  the  report  of  the  second  gun,  I  heard  a 
third,  and  exclaimed  as  I  sprung  to  my  office  window, 
that  must  be  from  the  inside.  I  heard,  as  I  raised  my 
window,  the  cry  that  a  man  was  shot.  I  soon  heard 
the  report  of  another  gun  fired  from  the  inside,  and  a 
man  immediately  cried  out  he  was  wounded.  I  now 
went  down  stairs,  and  out,  and  met  persons  carrying 
the  body  of  Bishop  to  the  office  of  a  physician  (Dr. 
Hart.)  The  mob  had  dispersed  generally.  I  stood  a 
few  moments,  and  then  returned  to  my  office.  Soon  1 
heard  a  rush,  and  upon  going  to  my  window,  found  the 
mob  had  again  assembled.  I  went  out  and  joined  the 
Mayor,  whom  I  found  addressing  the  crowd.  We 
stood  a  little  while — a  gun  was  fired,  the  shot  whistled 
about  and  came  close  round  us.  Soon  after  I  saw  ano- 
ther gun,  pointed  in  the  direction  in  which  I  stood, 
flash,  and  I  decamped.  These  shots  I  now  speak  of, 
came  apparently  from  the  corner  of  the  warehouse 
next  the  river, — were  fired  in  the  direction  of  those  at- 
tacking the  building,  and  appeared  to  be  fired  at  some 
people  who  were  engaged  in  raising  a  ladder  to  the 
roof  of  the  warehouse.  The  press  was  soon  after- 
wards given  up.    I  then  went  into  the  building,  and  found 


ALTON    TRIALS.  11 

there  Mr.  Weller,  one  of  its  defenders,  and  the  only 
one  of  ihem  1  saw  there.  He  was  wounded,  and  was 
sitting  ill  a  chair,  near  the  stove,  in  the  counting-room, 
bathing  his  leg.  I  went  into  the  building  previous  to 
the  attack  upon  it,  and  before  any  persons  had  assem- 
bled outside.  I  met  no  one  on  my  return  when  I  left 
the  warehouse.  I  did  not  see  Mr.  Oilman  when  I 
first  went  in ;  he  was  sent  for  at  the  request  of  myself 
and  Mr.  West,  and  came  down  stairs  to  meet  us.  I 
did  not  recognise  more  than  five  or  six  of  those  in  the 
building.  All  I  saw,  except  Mr.  Oilman,  had  arms.  I 
saw  no  supernumerary  arms.  1  don't  know  whether  I 
saw  any  others  in  the  building  than  those  indicted.  (By 
defendant's*  counsel  objected,  that  the  prosecution  have 
no  right  to  question  a  witness  whether  other  individuals 
than  those  indicted  were  present,  and  objection  sustain- 
ed.) I  did  yee  Tanner,  Lovejoy,  Walworth,  and  Oil- 
man. I  w.\s  informed,  before  Oilman  came  down 
stairs,  by  some  of  those  whom  I  saw  there,  that  they 
had  assembled  to  defend  the  press,  but  that  they  did 
not  expect  any  attack  that  night.  Oilman,  however, 
not  only  said  they  had  assembled  to  defend  the  press, 
but  that  they  should  do  so,  if  it  was  necessary,  with 
their  lives.  Each  man  whom  I  saw,  except  Oilman, 
had  a  gun.  The  doors  were  not  "blockaded,"  and  I 
was  astonished  at  the  little  preparation  for  defence  I 
saw.  1  was  sitting  in  my  office  at  the  time  of  the  first 
shots.  I  heard  a  pistol  fired  first,  and  then  one  or  two 
guns  on  the  outside,  then  heard  another  gun,  which, 
from  the  sound,  I  judged  to  be  fired  from  the  inside. 
As  I  went  to  my  office  window,  another  gun  was  fired 
from  the  warehouse,  and  perhaps  two ;  and  some  one 
screamed  he  was  wounded.  This  was  after  Bishop 
was  wounded,  but  before  he  was  carried  off.  1  had 
made  up  my  mind  an  attack  would  be  made  that  night, 
before  it  actually  took  place. 

Cross-examined. — Did  you  not  know  a  company 
had  assembled  that  night  to  break  open  the  warehouse  ? 
By  walking  the  street  that  evening,  I  met  five    or  six 


10  ALTON    TRIALS, 

persons,  and  I  felt  confident  that  an  attack  would  be 
made,  and  in  the  manner  I  have  related.  My  object  in 
going  into  the  warehouse,  was  to  let  those  inside  know 
that  unless  the  press  was  given  up,  there  was  danger  the 
building  would  be  burned  or  blown  up.  Such  was  the 
rumor.  I  believed  it.  After  I  left  the  warehouse,  I 
went  to  the  Mayor's  office,  staid  there  perhaps  fifteen 
minutes,  left,  went  into  my  own,  and  had  been  there 
about  the  same  time  when  the  attack  first  was  made. 

At  the  time  the  Mayor  was  addressing  the  people 
outside,  I  saw  four  or  five  guns  in  the  hands  of  individ- 
uals in  the  crowd.  This  was  after  the  guns  had  been 
fired  by  those  inside  the  warehouse.  The  mob  first 
armed  themselves  with  stones.  The  reports  of  the 
first  two  guns  fired  were  at  the  same  time — simultane- 
ous with  the  shower  of  stones  ;  the  smaller  explosion, 
that  which  I  took  to  be  a  pistol,  was  a  moment  before. 
At  the  time  of  the  third  gun,  I  started  to  my  window ; 
the  mob  were  then  in  front  of  the  warehouse,  and  about 
six  or  eight  feet  from  it.  The  crowd  were  then  throw- 
ing stones. 

I  saw  the  preparation  to  burn  the  building,  but  it  was 
after  the  time  I  now  speak  of.  There  were  cries  to  burn 
the  building,  and  from  a  great  many  voices  ;  they  were 
given  at  the  onset,  after  Bishop  was  shot. 

It  was  about  eight  o'clock  in  the  evening  that  I  un- 
derstood that  the  building  would  be  burned  or  blown  up^ 
if  the  press  was  not  given  up. 

Q.  Did  Gilman  state  to  you,  at  the  time  you  were  in 
the  warehouse,  that  they  were  there  by,  and  acting  under 
authority?  I  do  not  recollect;  Gilman  appeared  to  be 
very  much  astonished  at  the  communication  I  made 
him.  Q.  Did  Gilman,  at  the  time  when  he  said  they 
would  defend  the  press,  if  necessary,  with  their  lives, 
request  you  and  Mr.  West,  or  either  of  you,  to  call  upon 
the  Mayor,  and  request  him,  from  them,  to  summon 
the  people  to  suppress  the  mob  ?  He  did  ask  Mr. 
West  to  do  so.  Q.  Did  Gilman  address  the  people 
outside  ?      I  do  not  know,  I  was  not  there.     Q.  Did 


ALTON    TRIALS.  1 


o 


West  go  to  the  Mayor,  in  pursuance  of  such  request 
made  him  ?  I  do  not  know.  I  left  West  in  the  ware- 
house, and  went  to  the  Mayor's  office  alone. 

Q.  Did  others  express  surprise  that  an  attack  was 
to  be  made  upon  the  building,  or  press,  that  night,  be- 
sides Oilman  ?  (Objected  to,  by  Government,  on  the 
ground  that  Oilman  was  alone  on  trial,  and  so  irrele- 
vant, and  objection  sustained.) 

Examined  by  Counsel  for  Oovernment. — I  saw  no 
attempt  to  fire  the  building  till  Bishop  was  killed  ;  nor 
did  I  see  any  intention  to  use  firearms  till  that  event. 
In  fact,  I  saw  no  arms,  till  the  period  when  the  Mayor 
was  addressing  the  crowd.  I  knew  of  the  intention  to 
blow  up,  or  set  fire  to  the  building,  and  communicated 
such  knowledge  to  Oilman  before  the  mob  assem- 
bled. 

Again  Examined  by  Counsel  for  Defendant. — 
Q.  Did  you  not  see  persons  assembled  together,  prior 
to  the  night  of  the  7th,  afmed  with  pistols,  and  avow- 
ing their  intention  to  destroy  the  press  ?  (Objected  to 
by  Government,  but  sustained.)  Prior  to  the  night  of 
the  7th,  and  on  that  of  the  6th,  I  was  down  upon  the 
bank  of  the  river  :  a  number  of  people  were  there  to- 
gether. I  talked  with  one  who  had  a  club ;  told  him 
that  his  stick  was  not  much  of  a  weapon,  or  some  such 
thing.  He  dropped  his  club,  and  showed  me  a  pair  of 
pistols  in  his  dress,  about  his  body.  An  order  was  soon 
issued  by  some  one  of  them,  "  Forward  march.     Let's 

go  up  to  H ,  and  get  some  drink."     They  marched 

off,  but  soon  came  back  again, — had  further  conversa- 
tion, in  which  they  said  they  were  waiting  for  the  press  ; 
{here  objection  made  by  Government's  Counsel,  that  this 
evidence  was  improper,  unless  connected  with  individ- 
uals who  composed  the  mob,  and  objection  sustained  ;) 
at  this  time,  there  were  ten  or  fifteen  people  assembled. 
I  had  pocket  pistols,  I  carry  them  always. 

The  Court  here  stopped  the  witness,  and  stated, 
that  a  petition  had  been  presented  to  the  Court/request- 
ing  the  Government  would  draw  to  its  aid  the  services 

2 


14  ALTON    TRIALS. 

of  the  Attorney  General  of  the  Stale,  U.  F.  Linder. 
Under  the  law,  the  Court  has  the  power  to  appoint 
counsel  for  Government,  to  assign  to  gentlemen  the 
duty  of  appearing  in  any  cause,  where,  for  any  of  the 
causes  stated  in  the  law,  the  necessity  should  exist  for 
such  appointment.  But  in  the  case  at  Bar,  it  seems  to 
the  Court  that  none  of  the  emergencies  contemplated 
by  the  law,  as  ground  for  the  exercise  of  the  power  of 
the  Court,  in  reality  exist.  The  Government  are  rep- 
resented in  this  cause  by  the  City  Attorney,  and  if  lie 
does  not  choose  to  seek  aid  in  the  services  of  others,  it 
is  not  for  the  Court  to  interfere.  While  the  people's 
Attorney  is  acting  in  the  discharge  of  his  duty,  the 
Court  have  no  authority  to  interfere  and  direct  him  to 
accept  the  tendered  services  of  others.  The  Court 
would  say  it  entertained  a  high  regard  for  the  petition- 
ers, but,  to  grant  the  prayer  of  their  petition,  it  would 
arrogate  to  itself  power  not  delegated  to  it  by  law.  Under 
the  law,  and  the  facts  presented,  the  Court  has  no  right 
to  appoint  any  Counsel  in  aid  of  the  prosecuting  officer  ; 
and  an  arrangement  to  secure  Mr.  Linder's  services 
must  be  by  consent  and  agreement  of  the  officer,  upon- 
whom  the  law  had  imposed  the  duty  of  conducting  the 
prosecution. 

Davis,  in  behalf  of  Mr.  Gilman,  expressed  perfect 
acquiescence  in  any  arrangement  which  should  be 
made.  They  had  supposed  they  should  find  him  and 
the  Attorney  General  side  by  side  with  the  City  Attor- 
ney in  the  prosecution  of  this  cause  ;  they  knew  not 
that  he  was  not  to  assist  the  prosecuting  officer,  untit 
the  very  moment  the  trial  came  on, — and  in  behalf  of  his 
client,  the  defendant,  he  woidd  say,  that  though  he  could 
not  deprive  the  Government  of  the  aid,  if  the  individual 
tendered  it ;  nor  compel  the  Government  to  receive  the 
services,  if  they  were  disinclined  so  to  do  ;  yet  he  hoped 
he  might  be  permitted  to  express  the  perfect  satisfac- 
tion the  defendant  would  feel  at  finding  the  Attorney 
General  supporting  the  laws  of  tlte  land  in  conducting 
this  prosecution. 


ALTON    TRIALS.  15 

By  Murdock. — The  gentleman's  services  are  ac- 
cepted. 

Question  by  one  of  the  jurors. — At  the  time  you 
went  to  the  warehouse,  had  there  been  any  attack  upon 
:he  building  ?     Ans. — Not  to  my  knowledge. 

Henry  W.  West. — On  the  night  of  7th  of  November 
last,  about  eight  o'clock  in  the  evening,  I  was  standing  in 
my  store  door.  John  Solomon  passed,  and  remarked, 
that  he  believed  there  would  be  a  mob  that  night,  and 
that  preparations  were  making  to  burn  or  blow  up  the 
warehouse  unless  the  press  was  surrendered,  and  that 
the  building  Avould  be  destroyed,  unless  the  press  should 
be  given  up ;  said  Gilman  had  been  friendly  to  him,  and 
he  did  not  want  to  see  him  injured,  or  his  property  de- 
stroyed. He  urged  me  to  go  up  and  tell  Gilman.  In 
company  with  Mr.  Keating  I  went  into  the  ware- 
house, and  inquired  for  Gilman ;  he  was  up  stairs  ;  we 
sent  up  to  him  that  we  wanted  to  see  him,  and  he  came 
down.  I  then  told  Gilman  the  rumors,  and  the  circum- 
stances. Gilman  rephed  to  me  that  he  had  thought  the 
matter  over  seriously,  and  said  he  should  not  give  up 
the  press,  but  should  defend  his  property  at  the  risk  of 
his  life.  I  returned  to  my  store.  Soon  started  to  go 
to  the  warehouse  again.  Met  Dr.  Beall  on  the  way, 
and  asked  him  to  go  v/ith  m^ ;  he  declined.  I  then 
asked  him  to  use  his  influence  to  suppress  the  mob 
and  to  endeavor  to  get  them  to  disperse ;  he  replied  he 
could  have  no  influence  and  would  have  nothing  to  do 
with  it.  I  kept  on,  and  went  up  to  and  into  the  ware- 
house. 

The  mob  came  while  I  was  in  the  warehouse — a  stone 
was  thrown  against  the  door.  I  think  Gilman  went  to  the 
£[arret  door,  opened  it,  and  asked  them  what  they  want- 
ed. The  mob  replied,  the  press.  Gilman  said  it  did  not 
belong  to  him,  it  was  stored  with  them,  and  he  should 
*lefend  it.  The  mob  said  they  would  have  it,  and  started 
off"  round  the  corner  to  the  other  front  of  the  store.  At 
fhis  time  pistols  were  fired,  then  a  gun  from  the  mob, 
ind  Mr.  Gilman  requested  me  to  go  and  see  the  Mayor. 


16  ALTON    TRIALS. 

After  some  time  I  went  again  into  the  warehouse  with 
Mr.  Krum,  the  Mayor,  and  Mr.  S.  W.  Robbins.  The 
Mayor  had  some  conversation  with  Oilman.  It  w^as 
about  8  o'clock  when  1  first  went  to  the  warehouse.  I 
saw  there  Walworth,  Long,  Morse,  Tanner,  Lovejoy, 
Oilman,  and  others.  They  were  most  of  them  armed, 
principally  with  muskets  or  rifles.  I  don't  know 
whether  the  arms  were  loaded  or  not.  I  heard  nothing 
said  about  it.  I  saw  some  guns  standing  in  the  room ; 
appeared  to  be  stacked  supernumerary.  When  the 
firing  commenced  I  was  in  the  third  story  of  the  w^are- 
house.  There  was  firing  by  those  inside  while  I  was 
there,  though  not  a  rapid  discharge.  One  gun  only  w^as 
first  fired.  Some  individual  inquired,  "  who  fired  that 
gun  ?"  "  I,"  was  replied  by  some  one,  but  by  whom  I 
don't  know.  Shortly  afterwards  there  were  two  or  three 
guns  fired  from  another  part  of  the  warehouse  than  that 
in  which  I  was.  I  now  saw  Oilman  the  second  time 
with  a  gun.  I  am  positive,  though  I  do  not  recollect 
what  he  was  about  the  first  time  when  I  observed  he 
had  a  gun.  When  Bishop  was  killed  I  was  still  in  the 
warehouse.  I  saw  Oilman  wnth  a  gun  both  before  and 
after  the  firing  commenced,  but  he  did  not  fire.  I  think 
it  w^as  Oilman  who  asked  "  who  fired  ?"  and  the  ques- 
tion was  asked  in  a  remonstrating  tone.  I  do  not  know 
who  fired  of  those  who  were  in  the  warehouse.  I  did 
not  hear  it  spoken  of  at  all,  neither  do  I  know  what  was 
said  or  done  by  the  persons  assembled  out  of  the  ware- 
house at  the  time  of  the  firing.  About  the  time  or  soon 
after  the  first  gun  was  fired  from  the  inside,  some  per- 
sons remarked  they  saw  some  person  picked  up. 

The  stones  came  through  the  windows  and  near 
me.  The  people  inside  could  have  sheltered  them- 
selves from  the  stones  behind  the  walls  of  the  house. 
The  firing  was  from  that  end  of  the  warehouse  next 
the  Penitentiary,  and  I  understood  that  the  person  who 
was  shot,  was  shot  in  that  direction. 

I  did  not  see  any  person  when  about  to  fire  from 
the  windows. 


ALTON    TRIALS.  17 

Before  there  was  any  firing  there  was  some  con- 
versation about  the  manner  of  doing  it,  though  I  do  not 
recollect  precisely  what.  I  said,  however,  that  if  it  was 
found  necessary  to  fire  at  all,  in  my  opinion  it  would  be 
best  at  first  to  fire  over  the  heads  of  the  crowd.  Mr. 
Lovejoy  replied,  that  "  they  must  not  waste  a  fire." 
There  was  an  attempt  made  by  the  people  inside  the 
store  to  eflfect  a  reconciliation  so  far  as  this,  Mr.  Gilman 
addressed  the  people  who  had  collected  outside.  Peo- 
ple inside  among  themselves  seemed  firm,  cool,  and  col- 
lected. Gilman  remarked  that  he  thought  he  had  a 
right  to  defend  his  property,  and  he  should  do  so  at  all 
hazards  or  at  all  risks.  I  once  attempted  to  prevent 
Gilman  from  firing;  he  was  then  in  the  garret  at  the 
door  or  near  to  it.  Gilm.an  told  me  I  should  get 
hurt  if  I  staid  at  the  door,  and  advised  me  to  move  away. 
The  second  time  I  was  in  the  warehouse,  I  saw  two 
guns  which  were  not  in  any  one's  hands ;  they  were 
standing  up. 

My  own  opinion  was  that  the  press  had  better  be 
given  up,  and  I  so  advised  Gilman.  The  reply  by  Gil- 
man was  that  the}^  would  not  give  it  up — he  said  he 
did  not  believe  the  mob  would  go  to  such  extremes 
when  I  told  him  that  they  would  burn  or  blow  up  the 
b^iilding  in  order  to  get  the  press,  and  he  seemed  solicit- 
ous about  it ;  "he  seemed  anxious  nothing  of  the  kind 
should  be  done."  When  I  came  out  of  the  warehouse 
Bishop  had  been  killed,  and  the  mob  then  had  guns. 
The  mob  first  approached  the  warehoiise  on  Water 
street.  T  did  not  see  them  at  that  time,  as  I  was  stand- 
ing back  from  the  door  in  the  warehouse  at  the  time. 
I  should  think  there  were  from  fifteen  to  twenty  people 
in  the  warehouse,  though  I  don't  know  w^ith  certainty 
how  many  there  w^ere.  All  were  not  armed.  Mr.  No- 
ble had  no  gun,  and  he  remarked  that  he  woukl  not 
shoot.  When  Gilman  was  at  the  window  intending  to 
fire,  the  stones  were  flying  through  the  room.  It  was 
prior  to  Bishop's  deatl).  I  heard  Gilman  say  that  the 
press  was  stored  with  tlicm.     The  members  of  the  firm 

2* 


18  ALTON    TRIALS. 

are  Benjamin  Godfrey,  and  Winthrop  S.  Oilman.  I 
know  nothing  which  took  place  prior  to  the  night  of  the 
7th  of  November,  in  regard  to  this  matter. 

Cross-examined. — There  was  a  good  deal  of  dan- 
ger to  those  inside  from  the  rocks  flying  into  and  through 
the  rooms  unless  they  were  protected  behind  the  walls. 
The  glass  was  all  broken  from  the  windows,  and  I 
think  the  sash  also.  There  was  no  opening  in  the 
building  except  the  skylight,  that  I  know  of,  other  than 
what  was  on  the  ends  fronting  the  river,  and  Penitentiary. 
Some  of  those  whom  I  had  seen  in  the  street  threat- 
ening to  blow  up  or  fire  the  house,  were  some  of  those 
who  composed  the  crowd  attacking  the  building.  There 
was  a  discharge  from  som.e  weapon  on  the  outside  be- 
fore there  was  any  firing  by  those  within  the  building. 
I  think  the  weapon  discharged  vv^as  a  pistol,  and  that  it 
was  fired  when  the  crowd  were  passing  from  Water 
street  round  the  building. 

I  was  present  at  the  time  of  the  Mayor's  address. 
Where  the  shot  which  reached  us  at  that  time  were 
fired  from  I  don't  know.  He  was  standing  so  that  shots 
fired  by  those  inside  the  building  could  have  reached 
him.  Mr.  Oilman,  previous  to  any  firing  from  any  one 
addressed  the  mob,  and  requested  them  to  retire  and  de- 
sist from  their  purpose.  I  could  not  see  the  crowd  at 
the  time  of  his  address  to  them,  and  I  do  not  know 
whether  any  one  of  the  mob  presented  a  pistol  to  him 
or  not  at  that  time.  After  the  Mayor  had  concluded  his 
address  to  the  mob,  the  firing  was  renewed  by  those 
on  the  outside  and  within  the  warehouse.  I  had  two 
different  interviews  with  Oilman.*  Those  inside  the 
warehouse  avowed  their  intention  of  defendinsr  the 
press  solely,  and  disclaimed  any  other  object.  They 
said  they  would  not  be  the  first  to  commence  an  attack. 
Mr.  Oilman  remarked,  that  he  should  be  sorry  that 
any  blood  should  be  shed,  but  that  they  would  defend 
the  building  at  all  hazards,  if  need  were  with  their 
lives. 

Small  shot  were  first  fired ;  this  was  so  when  the 


ALTON    TRIALS.  19 

Mayor  was  addressing  the  mob,  and  I  saw  some  holes 
made  in  hats  by  the  fire  from  the  building. 

Re-examined  by  counsel  for  Government. — I  saw 
Bishop  after  all  was  over,  his  wounds  were  not  made  with 
small  shot,  he  appeared  to  have  been  shot  with  buckshot. 

Shennan  W.  Robbins. — I  know  and  can  state  no- 
thing which  transpired  on  the  night  of  the  7th  of  No- 
vember last,  which  has  not  been  already  stated,  and 
indeed  I  can  not  state  so  much  as  Mr.  West  has.  I 
knew  nothing  of  the  riot  till  after  Bishop  was  killed. 
I  went  with  the  Mayor  and  Mr.  West  to  the  warehouse 
and  we  were  admitted.  Most  of  the  individuals  whom 
I  saw  in  the  buildins[  had  firearms.  There  was  no  firintj 
from  the  building  while  we  were  inside.  We  went 
into  both  buildings  ;  there  is  means  of  communication 
from  the  one  to  the  other  inside.  We  went  into  the 
second  story,  but  I  think  not  into  the  third.  There  were 
persons  placed  in  the  second  story,  in  each  room  of 
said  story — they  appeared  to  be  stationed  at  certain 
places  in  each  room.  I  saw  Mr.  Oilman  there  ;  he  had 
a  gun  in  his  hands  ;  he  said  but  little  in  my  hearing. 
The  Mayor,  Deacon  Long,  and  Mr.  Oilman,  stepped 
aside  and  had  some  conversation.  Our  object  in  going 
in  was  to  communicate  the  request  that  those  outside 
had  made  of  us. 

I  saw  the  doors  of  the  warehouse,  but  did  not  no- 
tice them  particularly.  It  was  a  few  minutes  before  we 
could  gain  admittance,  and  I  presume  they  were  fasten- 
ed. I  saw  a  number  of  individuals  with  firearms,  and 
two  or  three  guns  were  set  up  against  the  side  of  the 
room.  I  did  not  see  so  many  as  twenty  or  thirty  guns 
loaded  while  in  the  house,  though  I  understood  they 
had  as  large  a  number  with  them. 

Cross-examined. — I  told  those  inside  that  the  per- 
sons outside  said,  "  that  if  the  press  was  not  given  up, 
the  building  would  be  burned  or  blown  up."  I  told  Mr. 
Lovejoy  that  I  understood  this  course  was  to  be  taken 
from  the  mob  outside,  and  distinctly  said  that  such  was 
the  determination  of  the  mob,  as  we  were  informed. 


20  ALTON    TRIALS. 

Samuel  Avis. — I  was  not  out  till  after  the  fire  had 
been  put  out,  Bishop  had  been  killed,  and  the  firing  was 
over.  I  went  inside  the  warehouse,  saw  no  one  there 
whom  I  thought  had  been  in  the  building  during  the 
riot  except  Mr.  Weller.  I  saw  the  body  of  Mr.  Love- 
joy.  I  saw  firearms.  I  saw  only  one  gun,  however, 
I  think,  and  that  was  in  the  comiting-room.  I  remained 
but  a  few  moments.  I  saw  no  ammunition,  no  prepara- 
tion for,  nor  indication  of  war. 

This  witness  was  not  cross-examined.  The  court 
here  adjourned.     At  the  afternoon  session, 

Anso?i  B.  Piatt,  a  young  lad  was  called,  and  by 
agreement  of  counsel  for  the  people  and  accused,  he 
was  examined  by  the  court.  The  indictment  was  first 
explained  to  him,  and  then  in  answer  to  the  interrogato- 
ries of  the  court  the  witness  testified  as  follows  : 

I  know  there  were  some  guns  fixed  at  our  establish- 
ment. I  run  some  bullets  by  the  orders  of  Mr.  Tanner. 
By  our  establishment,  I  mean  Mr.  RofF's  establish- 
ment. I  saw  some  guns  standing  in  the  room  but 
did  not  count  them  to  know  how  many  there  were. 
I  don't  know  when  they  were  taken  away  nor  where 
they  were  caiTied  to,  I  saw  them  there  before  "  the 
mob  took  place."  The  guns  were  standing  there  when 
they  were  taken  to  be  carried  to  the  church.  They 
were  returned  to  the  store  after  the  night  of  the  "  church 
affair."  I  saw  no  one  carrying  away  the  guns.  I  run 
nearly  a  tumbler  full  of  buck-shot,  and  some  of  other 
kinds.  don't  know  for  what  purpose  they  were  run. 
Mr.  Tanner  did  not  tell  me  why  he  wanted  me  to  run 
them,  nor  what  he  was  going  to  do  with  them.  Henry 
and  William  Tanner,  both  of  them  asked  me  to  run  the 
balls.  Mr.  Oilman  didn't  ever  ask  me  to  run  any  balls. 
Tanner  did  not  tell  me  what  they  were  going  to  "do  with 
the  balls.  I  was  at  the  store  at  the  time  of  the  riot.  I 
did  not  go  to  Mr.  Oilman's  store  till  the  fuss  was  over, 
I  saw  one  gun  standing  near  the  door,  and  no  more 
than  one.  I  did  not  know  the  gun  as  I  know  of.  I  did 
not  see  any  of  the  balls  or  shot  I  run  in  the  store.     I  did 


ALTON    TRIALS. 


tl 


not  see  Mr.  Gilman  in  the  warehouse.  I  saw  no  one 
firing  the  guns  but  only  standing  in  our  store.  There 
was  one  old  gun  among  them.  They  were  principally 
rifles,  but  there  was  one  shot-gun.  I  know  of  no  balls 
that  were  run  except  those  I  run.  I  run  the  balls  at 
different  times,  and  they  were  taken  away  from  the 
store.  Mr.  Butcher  took  away  the  last  I  run.  I  don't 
know  where  he  took  tliem  to.  He  went  down  stairs. 
Mr.  Roff  is  a  merchant,  and  he  keeps  guns  to  sell.  I 
know  he  keeps  guns  to  sell  because  they  are  offered  for 
sale.  The  guns  we  keep  in  the  store  for  sale  are  new. 
I  saw  only  one  old  gun  and  that  was  a  fowling-piece. 
I  know  the  guns  were  gone.  They  were  missing  be- 
fore Lovejoy  was  shot,  how  long  before  that  I  don't 
know.  I  don't  know  how  many  guns  there  were  in  the 
store.  I  should  think  there  were  a  dozen  in  all,  and  all 
of  them  were  gone.  The  balls  I  run  were  made  lo  fit 
the  guns  I  expect,  but  I  don't  know.  All  the  guns  I 
saw  and  speak  of  were  up  stairs  on  the  second  floor. 
They  were  not  usually  kept  up  there.  The  guns  were 
put  up  there  after  they  were  brought  back  from  the 
church.  They  were  the  same  guns  that  Mr.  Roff  had 
previously  in  the  store  for  sale. 

John  H'  Watson. — I  know  nothing  at  all  about  Mr. 
Gilman.  I  did  not  see  him  at  all  that  night.  I  was 
not  at  the  warehouse  till  all  was  over.  I  know  of  no 
previous  preparations.  I  went  to  the  warehouse,  bat 
could  not  get  in.  I  tried  to  get  in  after  I  heard  Love- 
joy  was  killed,  but  could  not  get  in.  I  was  in  Mr. 
Keating's  office  when  the  crowd  first  passed  by  the 
oflfice  towards  the  warehouse.  They  had  no  firearms 
among  them  that  I  saw.  They  picked  up  some  stones 
as  they  passed  the  oflfice,  and  proceeded  towards  the 
building.  The  mob  threw  stones  at  the  warehouse  for 
some  few  moments.  About  the  third  gun  Mr.  Keating 
sprang  to  his  office  window,  and  remarked  he  thought 
it  was  fired  by  those  inside  the  bmlding.  I  then  found 
out  that  Bishop  was  killed.     I  left  Mr.  Keating's  office  : 


3^  ALTON    TRIALS. 

went  into  Dr.  Hart's  office.     I  soon  left  there  and  went 
to  Hawley,  Page  &  Dunlap's,  and  staid  till  2  o'clock. 

Cross-examined. — There  was  firing  at  the  time  the 
stones  were  thrown, — I  saw  but  few  thrown.  I  had 
not  been  in  the  streets  at  all  that  evening. 

Joseph  Greeley. — I  went  to  my  boarding-house  the 
evening  of  the  seventh  of  November  last,  at  the  usual 
tea  hour.  At  the  table  I  was  told  that  an  Independent 
Militia  company  was  to  be  formed  that  evening  under 
the  laws  of  the  State.  I  was  told  that  the  individuals 
favorable  to  the  formation  of  such  a  company  were  to 
meet  at  Godfrey  &  Oilman's  store  that  evening,  and 
was  urged  to  attend.  I  declined  going  on  the  ground 
that  I  feared  it  might  be  an  abolition  meeting,  but  was 
assured  that  it  was  no  such  thing.  In  the  evening  I 
met  another  individual  who  said  he  also  had  been  re- 
quested to  attend,  and  we  went  down  to  the  warehouse 
together.  I  found  an  individual  there  with  the  laws  of 
the  State.  They  requested  me  to  sign  a  paper  which 
was  drawn  up  and  ready,  and  which  was  a  set  of 
by-rules,  as  I  understood,  and  I  did  so.  The  num- 
ber of  people  which  the  law  requires  having  signed 
the  paper,  we  proceeded  to  an  election  of  officers 
and  made  choice  of  Mr.  W.  G.  Attwood,  as  Captain. 
After  we  had  made  choice  of  officers  we  proceeded  up 
into  the  second  story  where  we  found  some  arms.  We 
took  them  and  paraded  and  drilled  for  a  little  time,  but 
as  the  guns  were  loaded  we  did  not  exercise  much. 
This  was  between  seven  and  eight  in  the  evening. 
About  eight  o'clock  the  inquiry  was  made,  "  Who  would 
stay  and  defend  the  building  that  night  ?"  The  com- 
pany were  at  this  time  in  a  circle,  and  some  of  tliem 
stepped  forward  and  volunteered.  I  was  asked  to  stay, 
but  declined  doing  so,  and  went  home.  I  knew  nothing 
else  till  the  bells  rung.  I  then  got  up  and  went  down 
to  the  spot.  There  were  about  thirty  or  forty  guns  in 
the  warehouse.  The  ijuns  were  said  to  be  loaded. 
We  exercised  a  little  with  them,  arjd  but  little,  and.  I 


ALTON    TRIALS.  23 

supposed  it  was  because  they  were  loaded.  I  under- 
stood so.  Mr.  Oilman  was  present  at  the  time  we 
were  drilling,  but  was  not  active.  Mr.  Oilman  was 
one  of  the  company  which  was  formed.  It  was  re- 
marked that  Mr.  Oilman  was  tall,  and  must  take  the 
right  of  the  company.  I  w^as  informed  that  the  com- 
pany was  to  be  formed  under  the  provisions  of  the  laws 
of  the  State,  and  there  was  one  individual  there  who 
had  the  laws  in  his  possession.  I  do  not  know  that 
there  had  been  any  steps  taken  preliminary  to  the  for- 
mation of  the  company  except  what  was  done  that 
evening.  When  1  got  there  I  was  informed  that  they 
were  waiting  only  to  get  a  few  names  to  enable  them 
to  choose  officers.  They  were  soon  got,  and  then  the 
company  proceeded  to  the  election.  Nothing  was  said 
about  the  object  of  forming  the  company. 

Question  by  Counsel  for  Oovernment. — What  ap- 
peared to  be  the  motive  of  those  who  volunteered  to 
stay  that  night  in  the  building  ? 

Why,  some  appeared  to  think  that  they  would  have 
a  good  time  if  they  stayed.  They  expected  to  have 
some  crackers  and  cheese,  and  hear  some  good  stories. 
The  volunteers,  when  they  were  called,  stepped  for- 
ward in  the  circle.  It  w^as  generally  understood  that  a 
press  was  in  the  building,  and  I  suppose  those  who 
volunteered  to  defend  it  expected  an  attack.  I  saw  no 
press.  I  was  present  at  its  destruction — saw  it  knock- 
ed in  pieces.  The  behavior  of  the  mob  engaged  at  the 
work  was  orderly — it  was  done  in  a  quiet  sort  of  way. 
They  seemed  to  be  happy  while  engaged  in  breaking 
it  in  pieces.  Soon  after  the  press  was  broken  up  I 
went  home. 

Cross-examined. — I  heard  something  said  about 
fire,  but  don't  know  what  it  was.  I  heard  notiiing  said 
about  any  design  of  attacking  the  building  previous  to 
the  attack.  The  streets  were  deserted  at  the  time  J 
went  home  from  the  warehouse.  I  understood  the 
formation  of  the  company  to  be  imder  the  provisions  of 
the  law,     Mr.  Walworth  (one  of  the  defendants)  asked 


24  ALTON    TRIALS. 

me  to  go  up  to  the  warehouse  and  join  the  company. 
I  do  not  recollect  seeing  Mr.  Murdock  (City  Solicitor) 
there.  [Admitted,  however,  to  be  true  that  he  was 
there.]  I  understood  the  defence  of  the  press  was  an 
entirely  distinct  affair.  I  joined  the  company,  under- 
standing it  was  formed  for  the  defence  of  the  city.  I 
cannot  tell  how  many  people  were  in  the  warehouse  at 
the  time  I  was  there. 

The  People  here  rested  their  cause. 

For  defence.  To  save  the  trouble  of  examining 
witnesses  to  the  point,  there  being  no  doubt  as  to  the 
fact,  the  defendant's  counsel  admitted  the  warehouse 
was  the  property  of  Benjamin  Godfrey  and  Winthrop 
S.  Oilman. 

William  L.  Chappell  called  and  sworn. 

Q.  On  the  night  of  the  7th  of  November  last  past, 
previous  to  any  attack  by  the  mob  upon  the  warehouse, 
did  you  go  with  Winthrop  S.  Oilman  to  the  Mayor? 
If  so,  state  what  passed  at  the  inter^'iev/  between  the 
parties. 

The  People,  by  Linder,  here  interposed  an  objec- 
tion to  any  answer  being  made  to  the  question  by  the 
witness.  1  anticipate  the  object  aimed  at  by  the  coun- 
sel, your  honor ;  and  I  may  as  well  state  my  objection 
here,  now,  and  in  full,  to  any  answer  which  may  come 
from  the  witness.  For  what  is  this  witness  introduced  ? 
Why  is  he  brought  here  ?  Sir,  it  is  to  show,  by  hear- 
say,'that  the  defendant  now  upon  trial  had  a  conversa- 
tion with  the  Mayor,  and  also  the  nature  of  that  con- 
versation ;  it  is  to  show  that  the  defendant  acted  under 
an  authority,  which  this  witness  is  to  swear  he  received 
from  the  ]\Iayor  ;  it  is  to  show,  so  far  as  the  declara- 
tions of  this  witness  go,  that  the  acts  done  by  this  de- 
fendant, on  the  night  of  the  seventh,  were  legalized 
beforehand  by  the  Mayor.  Now  suppose  this  witness 
^ould  swear,  that  the  Mayor  authorized  the  defendant 
to  arm  himself  and  his  friends,  and  assemble  for  the 
protection  of  that  warehouse ; — suppose  he  should 
swear  that  the  Mayor  gave  him  permission  to  act  as  he 


ALTON    TRIALS.  25 

did ;  what  then  ?  why  sir,  we  say  that  the  Mayor  had 
no  right,  had  no  business,  had  no  power  to  give  such 
authority  !  Sir,  he  had  not  such  power.  Where  does 
he  derive  his  power?  The  Mayor  is  invested  with 
certain  authority  under  the  act  which  incorporates  the 
City  of  Alton,  under  the  by-laws, — under  the  rules 
and  regulations  which  the  City  Council  have  ordained. 
But,  sir,  in  the  act  of  incorporation  such  power  is  no 
where  given  to  the  officer — you  can't  find  it  there — 
you  can't  find  it  in  the  City  charter — you  can't  find 
it  in  the  ordinances  of  your  City  Council.  We  con- 
tend that  he  did  not  have  such  power  as  a  peace 
officer,  for  the  laws  have  not  given  to  peace  offi- 
cers sucli  authority.  Then  we  say  that  such  power 
as  would  enable  the  Mayor  to  grant  Winthrop  S.  Gil- 
man  the  authority  contended  for  is  not  vested  in  that 
officer  by  the  City  Charter,  nor  by  the  By-Laws  of 
the  Council.  The  Mayor  is  only  a  peace  officer,  having 
certain  delegated  powers  in  criminal  cases,  which  are 
entrusted  to  all  peace  officers.  But,  sir,  suppose  such 
authority  was  given, — suppose  the  Mayor  had  a  right 
to  give  such  authority,  T  then  object  that  this  witness 
cannot  be  called  to  testify  to  it.  If  he  should  be  per- 
mitted to  do  so  it  would  be  hearsay  evidence.  The 
Mayor  is  in  Court, — he  knows  what  authority  he  gave. 
Let  them  ask  him.  They  are  bound  to  produce  the 
best  evidence,  and  they  cannot  be  permitted  to  give 
evidence  of  the  Mayor's  declarations,  when  he  himself 
is  in  Court,  ready,  if  called  upon,  to  testify.  A  parly 
is  bound  to  produce  the  best  evidence. 

Cowles,  for  Court. — The  Mayor  is,  ex-officio,  a 
Justice  of  the  Peace.  The  Government,  in  the  long 
speech  just  submitted  to  the  Court,  has  assumed  that 
the  Mayor  had  no  power,  had  no  right  to  grant  Win- 
throp S.  Gilman  the  authority  which  we  propose  to 
show  he  did  grant  to  him.  There  is  some  difference 
between  assumption  and  proof.  But  may  it  not  be 
shown  that  the  defendant  had  no  criminal  intent  in 
doing  the  acts,  in  the  commission  of  this  oflience,  if  the 

3 


36  ALTON    TRIALS. 

Government  will  persist  that  it  was  an  offence,  by- 
proving,  that  he  asked  the  advice  of  the  Mayor — that 
he  anxiously  sought  his  direction,  by  proving  that  he 
was  careful  to  do  nothing  until  he  had  first  consulted 
that  officer.  Suppose,  sir,  we  show  that  Mr.  Gilman. 
on  that  evening,  consulted  the  Mayor  of  this  city  ;  and 
that  at  the  close  he  went  away  actually  having,  or 
honestly  supposing  he  had,  full  and  complete  authority 
from  the  ]\Iavor  ?  what  then  will  be  the  consequence? 
v/hat  will  be  the  effect  upon  this  jury  ?  what  becomes 
of  this  indictment?  how  will  you  make  out  a  crime? 
where  then  is  the  criminal  intention,  a  necessary  ingre- 
dient in  crime  "?  But  take  the  question  upon  considera- 
tion of  power,  of  authority  in  the  Mayor.  The  criminal 
code  of  this  State  has  the  following  provisions  i — ''  If 
two  or  more  persons  assemble  for  the  purpose  of  dis- 
turbing the  public  peace,  or  committing  any  unlawful 
act,  and  do  not  disperse  on  being  desired  or  commanded 
so  to  do  bv  a  judge,  justice  of  the  peace,  sheriff,  coroner, 
constable,  or  other  public  o^cei\  such  persons  so  offend- 
ing," &c.— §  113. 

Again,  "  Every  male  person  alx)ve  eighteen  years  of 
age  who  shall,  by  neglecting  orrefusing  to  aid  and  assist 
in  preventing  any  breach  of  the  peace,  or  the  commission 
of  any  criminal  offence,  being  thereto  lawfully  required 
by  any  sheriff,  deputy  sheriff,. coroner,  constable,  justice 
of  the  peace,  or  other  officer  concerned  in  the  adminis- 
tration of  justice,  shall,  upon  conviction,"  &c. — §  137. 

Now,  sir,  your  Mayor  is,  ex-officio,  a  justice  of  the 
peace,  and  by  your  laws  "  all  officers  concerned  in  the 
administration  of  justice"  are  conservators  of  the  peace, 
having  full  pov/er  to  take  such  measures  as  they  may 
deem  expedient  for  the  prevention  of  offences,  as 
well  as  the  punishment  of  offenders. 

Well,  here  was  a  plan  premeditated,  openly  and 
boldly  promulgated,  avowed  with  such  baldness  as  that 
it  reached  the  ears  of  your  very  peace  officers,  to  de- 
stroy the  press  ;  and  if  it  was  necessary  to  the  accom- 
plishment of  that  purpose,  they  proclaimed  their  inten- 


ALTON    TRIALS.  27 

lion  of  burning  or  blowing  up  the  warehouse.  Will 
the  Attorney  General  say  that  a  peace  officer  could 
make  no  provision  to  prevent  the  commission  of  such  a 
crime  ?  Will  he  hazard  the  assertion,  that  our  laws 
compel  one  who  is  a  conservator  of  the  peace,  to  stand 
by,  and  folding  up  his  arms,  await  with  such  patience 
as  he  could,  the  arrival  of  the  period  when  he  might 
interfere,  not  for  the  prevention  of  the  offence,  but  for 
the  detection  and  arrest  of  the  offenders  ?  Sir,  preven- 
tion is  better  than  cure,  and  our  laws  guard  as  well 
against  the  commission  of  crime,  as  provide  for  the 
punishment  of  offenders.  But  your  Mayor,  ex-officio, 
is  a  justice  of  the  peace,  and  as  such,  had  authority  to 
take  such  steps  as  would  prevent  the  commission  of  the 
offence  which  was  threatened. 

But  the  Ground  upon  which  we  contend  we  have  a 
right  to  the  t'::^timony  of  this  witness  is,  that  he  goes  to 
show  the  absence  of  all  criminal  intention  on  the  part 
of  this  defendant. 

The  Government  urge,  secondly,  as  ground  of  objec- 
tion to  the  admissibility  of  this  evidence,  that  it  is  in 
the  nature  of  hearsay.  But  may  not  the  declarations 
of  an  olficer  of  the  law  be  given  in  evidence  ?  may  not 
the  official  declarations  of  an  official  person  be  admitted  ? 
We  wish,  however,  only  to  show  by  this  witness,  the 
absence  of  all  criminal  intention  on  the  part  of  the  de- 
fendant, and  for  that  purpose  offer  to  prove,  that  he- 
went  with  the  defendant  to  the  Mayor,  and  that  in  the 
conversation  that  was  held  Mr.  Gilman  had,  or  supposed 
he  had,  received,  the  authority  of  the  Mayor,  to  pursue 
the  course  which  was  taken. 

Bailey  for  Government. — The  witness  is  offered  to 
prove  the  declarations  of  a  third  party.  The  fact  that 
Mr.  Gilman  had,  or  supposed  he  had,  authority  from  the 
Mayor,  is  proposed  to  be  proved  by  hearsay.  Such 
evidence  is  inadmissible.  The  person,  whose  declara- 
tions are  sought  to  bo  proved,  is  present  in  Court.  He 
can  best  tell  what  authority  he  gave.  The  course  pro- 
posed by  the  Counsel  is  most  extraordinary. 


28  ALTON    TRIALS. 

Per  Curiam.  It  is  unnecessary  for  the  Court  to 
give  an  opinion  upon  one  branch  of  the  subject  argued. 
The  question  whether  the  Mayor  had  the  authority  con- 
tended for  by  the  one  and  denied  by  the  other  side,  is 
not  necessarily  involved  in  the  decision  of  the  question 
presented  to  the  Court. 

The  only  question  to  decide,  is,  as  to  the  admissi- 
bility of  the  evidence  proposed  to  be  introduced.  The 
declarations  sought  to  be  proved  are  inadmissible. 
Th^  are  in  the  nature  of  hearsay  evidence.  Any  evi- 
dencBrgf  the  declarations  of  a  third  person  as  a  general 
rule  would  be  inadmissible,  and  especially  when  the 
person  whose  declarations  you  seek  to  prove  may  him- 
self be  sworn  to  testify.  It  makes  no  difference  whether 
such  person  speaks  officially,  or  as  a  private  individual. 
The  evidence  cannot  be  received. 

Cowles. — [  offer  the  witness  to  prove  a  fact.  I 
wish  to  prove  that  Mr.  Gilman,  in  company  with  the 
witness,  went  to  the  Mayor  for  the  purpose  of  getting 
his  permission,  his  authority  to  enter  and  defend  the 
building.  I  do  not  offer  the  witness  to  prove  what  the 
declarations  of  the  Mayor  were. 

But  the  testimony  of  the  witness  for  this  purpose 
was  objecied  to  by  the  Government,  and  the  objection 
sustained  by  the  Court. 

The  Record  Book  containing  the  Minutes  of  the  do- 
ings of  the  Common  Council  of  the  City  of  Alton,  was 
here  introduced,  and   F.  B.  Murdock  called  and  sworn. 

Q.  Are  these  the  Records  of  the  Common  Council 
of  this  City  ?  They  are.  Are  you  the  Clerk  of  the 
Council  ?     I  am. 

By  Cowles. — I  propose  to  read  to  the  Jury  an  ex- 
tract from  this  book.  It  is  part  of  the  Record  of  the 
doings  of  the  Common  Council  on  the  sixth  day  of  No- 
vember last,  the  day  preceding  the  commission  of  the 
act  for  which  my  client  is  now  arraigned  as  a  criminal. 
I  offer  it  as  proof  of  the  fact,  that  the  Mayor  on  that  day 
applied  to  the  City  Council,  at  the  instigation  of  Mr. 
Gilman,  to  appoint  an  additional  police. 


ALTON   TRIALS.  29 

The  evidence   was   objected   to,   and  Mr.  Linder, 
Counsel  for  the  people,  said :  We  make  the  same  ob- 
jections to  the  introduction  of  this  book  in   evidence, 
liiat  we  have  previously  made  to  the  admission  of  the 
testimony  of  tlie    witness,  Chappeli.     They  propose 
CO  prove  by  this  book,  what?     Why,  that  the  Mayor 
stated  to  the  Common  Council,  that  Mr   Oilman  had 
stated  to  him,  he  apprehended  danger  to  his  property, 
and  desired  that  a  body  of  special  constables  should  be 
appointed.     Our  objection  to  the  testimony  sought  to  be 
derived   from    the    witness,  was,  that  it  would  be  in 
the  nature  of  hearsay  evidence.     The  Court  so  deci- 
ded, and  ruled  it  to  be  inadmissible.      We  now  object 
to  the  introduction  of  this  book,  because  it  goes  to  the 
Jury  as  the  hearsay  of  a  hearsay.     This   case  is    like 
that  which  might  arise  in  legislative  proceedings.    I  had 
the  honor,  sir,  of  once  introducing  to    the   assembly  of 
this  state,  for  its  consideration,  some  famous  resolutions, 
in  regard  to  the  bank ;  and  would  your  honor  hold,  that 
I  could  prove  the  contents  of  those  resolutions  by  the 
minutes  of  the  doings  of  that   body  ?     Could  the  pro- 
ceedings of  that  lime  be  proved  by  the  Journal  of  the 
House  of  Assembly  ?    The  evidence  offered  here,  is  i\\e 
record  of  a  representation,  made  on  the  sixth  of  Novem-. 
her,  to  the  Common  Council  by  the  Mayor ;  of  an  ap- 
plication made  to  him  by  Winthrop  S.  Oilman,  in  rela- 
tion to  an  apprehended  attack  upon  his  property.     It  is 
made  competent  evidence  because  it  happens  to  be  en- 
rolled upon  parchment,  and  included    in   doings  of  the 
Council  Board  ! 

Defendant  by  Cowles. — The  defendant  is  indicted 
for  doing  a  lawful  act  in  an  unlawful  manner.  He  is 
charged  with  resisting  with  force  and  arms,  in  a  violent 
and  tumultuous  manner,  an  attempt  to  break  open  his 
warehouse.  Our  object  is,  to  show  that  the  attack  upon 
the  building  was  not  only  premeditated,  but  that  the 
Mayor  was  apprized  of  such  premeditated  attack  before- 
hand,— that  Mr.  Oilman  conmiunicatcd  to  him  his  fears, 
his  anxieties  in  regard  to  the  matter,  and  that  by  rea- 

3* 


30  ALTON    TRIALS. 

son  of  the  communication  made  to  him  by  Mr.  Gilman, 
the  Mayor  acted,  and  applied  to  the  City  Council  to 
appoint  a  body  of  special  constables.  If  we  can  show 
the  fact,  we  shall  ask  the  Jury  to  draw  certain  infer- 
ences. 

Sir,  it  is  the  business  of  your  Mayor  to  preserve  the 
peace  of  the  city, — it  is  his  duty.  He  has  the  power, 
upon  him  rests  the  responsibility.  His  acts  are  pub- 
lic acts,  and  when  he,  for  the  purpose  of  preserving  the 
peace  of  the  city,  makes  application  to  a  co-ordinate 
branch  of  the  city  government,  and  that  body  act  upon 
such  application,  it  then  becomes  a  public  act,  entitled 
to  credit,  entitled  to  be  received  as  evidence  in  a  court 
of  law.  We  want  to  show  the  fact  that  the  conser- 
vators of  the  peace  of  the  city,  the  guardians  of  its 
welfare,  those  invested  with  power,  those  clothed  with 
authority, — who  were  bound  to  suppress  tumult  and 
riot, — who  were  bound  to  preserve  order  and  peace, 
whose  duty  it  was  to  stretch  the  strong  arm  of  the  law 
over  the  humble  and  peaceful  citizen,  knew  of  the  dan- 
ger Oilman  apprehended  to  his  property.  And  if  we 
can  prove  this  knowledge  ;  if  we  can  bring  it  home  to 
them,  and  also  prove  how,  and  for  what  purpose  it  was 
communicated  to  them,  and  prove  it  too  by  the  record 
of  their  own  proceedings,  drawn  up,  and  written  out  by 
their  own  officer,  we  ask  the  privilege,  as  we  claim 
the  right.  The  acts  of  the  Common  Council  of  this 
city  are  public  acts — their  record  of  those  acts  is  a 
public  record — and  it  not  only  is  evidence,  but  it  is  the 
best  evidence  that  can  be  produced. 

People  by  Bailey. — The  object  for  which  this  book 
is  offered  in  evidence  is  to  show  the  intention  of  the 
defendant ;  to  prove  to  the  Court,  that  he  had  no  crim- 
inal design,  and  to  clothe  such  evidence  with  peculiar 
sanctity,  by  deriving  it  from  a  public  record. 

But  although  this  evidence  might  avail  other  defen- 
dants upon  another  trial,  it  will  not  be  deemed  relevant 
in  this.  Mr.  Oilman  is  now  alone  upon  trial,  his  nam» 
is  not  mentioned  in  the   record,  and   the  book  can« 


ALTON    TRIALS.  91 

not  therefore  be  admitted  in  evidence.  If  admitted,  it 
would  only  prove  that  the  Mayor  received  the  informa- 
tion, which  he  communicated  to  the  City  Council  in 
relation  to  the  apprehended  attack,  from  some  citizens, 
and  would  be  no  proof  that  the  defendant  was  the 
one  from  whom  he  received  the  information. 

Per  Curiam. — What   is   the    Issue    made    in   this 
cause  ? 

On  the  part  of  the  people,  that  there  was  an  unlaw- 
ful assemblage  on  the  night  of  the  7th  of  November 
last.  On  the  part  of  the  defendant,  that  certain  facts 
exist  which  warranted  that  assemblage ;  that  in  the 
commission  of  the  acts  charged  to  be  criminal,  the  defen- 
•iants  were  justified,  they  having  acted  under  the  autho- 
rity of  the  Mayor.  There  can  be  no  question  that  if  they 
acted  under  such  authority,  they  may  justify  their  acts. 
The  Mayor  and  Common  Council  are  the  guardians  of 
the  city — they  are  intrusted  with  certain  powers, 
among  which  they  have  the  authority  necessary  to  pre- 
serve the  peace  of  the  city ; — if  they  have  reason  to  fear 
the  tranquillity  of  the  commimity  to  be  in  danger — no 
matter  from  what  cause — the}'^  are  bound  at  all  hazards, 
and  at  all  times,  to  provide  means  to  protect  the  per- 
sons and  property  of  the  citizens  commensurate  to  the 
apprehended  danger.  By  virtue  of  his  ofl^ce  the  Mayor 
may  call  out  the  militia  and  other  citizens  to  suppress 
tumult  and  riot — all  arc  subject  to  his  authority — all 
are  bound  by  any  order  he  may  issue  on  such  an  occa- 
sion, and  the  citizen  who  should  refuse  to  obey,  would 
be  liable  to  the  penalty  of  the  law. 

The  defendant,  for  the  purpose  of  showing  the  in- 
tention which  actuated  him  in  the  premises,  offers  the 
records  of  the  Common  Council  in  evidence,  to  show 
that  he  commimicated  the  danger  which  he  apprehend- 
ed to  his  property,  to  the  Mayor  of  the  city,  and  re- 
<]uested  the  appointment  of  special  constables  to  prevent 
the  anticipated  destruction  of  property,  and  disturbance 
of  the  peace  of  the  city.  But  it  is  objected,  that  the 
admission  of  the  book  would  be  pern)itting  evidence  to 


VI  ALTON    TRIALS, 

go  to  the  Jury,  which,  on  account  of  its  character,  is 
inadmissible.  The  book  contains  the  proceedings  of 
the  Common  Council.  It  is  the  record  of  their  otficial 
acts,  and,  by  the  charter  creating  the  city,  a  certified 
copy  of  their  proceedings  is  admissible  as  evidence  in 
every  court  of  this  State  ;  therefore  the  record  itself 
must  be  admissible.  The  Court  can  perceive  no  ob- 
jection to  the  admission  of  the  book  in  evidence. 

The  book  w.as  thereupon  handed  to  Mr.  Murdock, 
who  was  requested  to  read  from  the  record  of  the  doings 
of  the  Board,  at  its  sitting  on  the  6th  of  November. 
He  read  as  follows  : — "  The  Mayor  informed  the  Coun- 
cil that  individual  citizens  had  represented  to  him  that 
they  believed  themselves  to  be  insecure  in  their  persons 
and  property,  and  that  he,  the  Mayor,  from  the  facts  in  his 
knowledge,  and  from  the  faith  reposed  in  the  represen- 
tations made  him,  had  much  reason  to  believe  that  the 
peace  of  the  city  would  be  disturbed  :  and  he  submitted 
to  the  Council  the  propriety  of  authorizing  him  to  ap- 
point special  constables  to  aid  in  the  maintenance  of 
order." 

At  the  request  of  Linder,  for  the  People,  he  pro- 
ceeded to  read  further  from  the  records,  and  as  fol- 
lows : — 

"  Mr.  King  moved  the  following  resolution  : 

"  That  the  Mayor  and  Common  Council  address  a 
note  to  Mr.  Lovejoy  and  his  friends,  requesting  them  to 
relinquish  the  idea  of  establishing  an  abolition  press  at 
this  time,  in  the  city,  and  setting  forth  the  expediency 
of  the  course." 

"  Not  acted  on." 

John  M.  Krum,  Mayor,  Avas  called  to  the  stand, 
sv/orn,  and  said  :  With  the  permission  and  indulgence  of 
the  Court,  I  should  be  glad  to  avail  myself  of  this 
opportunity  to  make  a  few  remarks  before  I  proceed 
with  my  testimony.  Such  leave  having  been  granted, 
he  proceeded.  I  profess  to  know  the  prerogatives  of  the 
Court  and  Jury,  and  the  province  of  a  witness.  It  is 
my  desire  to  keep  within  the  province   of  a   witness. 


ALTON    TRIALS.  38 

There  are  circumstances  however  attending  this  case, 
so  peculiar  in  their  nature  and  tendency,  that  I  feei  it 
due  to  myself,  due  to  my  official  station,  and  due  to 
the  defendants  and  the  public,  that  I  should  ask  from 
the  Court,  from  Counsel,  and  the  Jury,  in  giving  my 
testimony,  a  somewhat  wider  range  than  is  usually 
allowed  witnesses  in  ordinary  cases. 

I  am  not  insensible  of  the  conspicuous  position  which 
I  occupy  as  a  witness,  in  this  instance  ;  nor  am  I  des- 
titute of  the  feelings  and  sensibilities  that  are  natural  to 
mankind.  But  from  the  relation  I  bear  to  the  citizens 
of  Alton — from  the  official  station  I  occupy — and 
when  the  peculiar  attitude  in  which  I  have  been  placed, 
from  the  force  of  circumstances,  in  reference  to  the  un- 
fortunate transactions  which  have  led  to  this  prosecu- 
tion, are  considered,  I  trust  the  Court,  the  Jury,  the 
accused,  and  Counsel,  will  pardon  me  for  asking  the  in- 
dulgence. 

It  will  not  I  trust  be  considered  strange  that  I  should 
manifest  some  sensibility,  when  called  to  testify  in  a 
case  attended  with  such  unusual  excitement  :  it  will 
not  be  considered  strange,  that  I  should  manifest  some 
feeling  and  timidity,  while  the  attention  of  this  large 
and  anxious  assembly — of  this  community,  and  the 
public,  is  directed  to  myself,  and  to  the  evidence  I 
shall  give  before  the  Court  and  Jury.  And  when  it 
is  considered  how  strangely,  how  wickedly  and  meanly, 
the  recent  melancholy  excitements  in  this  city,  and  my 
own  cond\ict  and  motives  have  been  misrepresented, 
impugned  and  calumniated  before  the  public,  it  will 
not  be  thought  out  of  place,  that  I  should  ask  of  the 
Court,  of  Counsel,  and  the  public,  the  most  careful  and 
scrutinizing  attention  to  my  evidencR. 

I  have  hitherto  borne  the  injuries  done  to  my  feel- 
ings, and  the  imputations  against  my  character,  in  silence 
and  with  regret.  I  have  deeply  regretted  that  the  pub- 
lic and  the  press  should  give  birth  and  circulation  to 
reports,  which  have  been  without  foundation  ; — false 
and  libellous  in  their  character. 


34  ALTON    TRIALS. 

Doubtless  many  have  aided  the  circulation  of  such 
reports,  very  iiinoceiitly,  and  with  no  bad  or  criminal 
intention. — I  most  cheerfully  forgive  all  who  havebeen 
in  any  way  instrumental  in  this,  when  they  were  igno- 
rant of  the  situation  in  which  our  citizens  were  placed. 

Those  who  have  given  origin  to  false  statements 
and  misrepresentations,  connected  with  the  recent  affairs 
to  which  I  now  allude,  whether  in  reference  to  myself 
or  to  others,  are  guilty  of  the  most  heartless,  reckless, 
and  degrading  meanness,  and  well  deserve  individual 
and  public  execration.  I  profess  to  know  and  appre- 
ciate the  responsibilities  and  duties  that  rest  upon  me 
as  a  man  and  a  citizen  :  I  trust  I  feel  and  appreciate 
the  responsibilities  of  my  official  station,  and  my  duties 
to  my  fellow  citizens. 

Nor  have  1  been  insensible  of  the  peculiar  and  try- 
ing situations  in  which  I  have  recently  been  called,  in 
discharge  of  my  official  duty.  Few  men,  in  so  brief 
a  period,  have  been  placed  in  more  trying  or  critical 
situations. — During  the  whole  of  the  unhappy  excite- 
ments that  have  heretofore  prevailed  to  such  an  alarm- 
ing extent  in  this  city,  I  endeavored  to  act  with  firm- 
ness, prudence,  and  with  moderation. 

It  was  my  firm  conviction  that  the  exigency  of  the 
times  required  at  my  hands  the  course  of  conduct,  offi- 
cial as  well  as  private,  that  I  did  pursue.  It  was  my 
earnest  desire,  to  heal  the  unhappy  dissensions  and 
avert  the  fatal  and  disastrous  calamities  with  which  we 
were  threatened — my  time,  labors,  and  influence,  have 
been  cheerfully  and  zealously  devoted  to  accomplish 
an  object  so  desirable. 

T  leave  my  fellow  citizens  and  the  public  to  judge 
of  the  propriety  and  correctness  of  my  motives  and 
conduct.  Notwithstanding  the  calumnies  that  have 
been  heaped  upon  me  and  my  official  conduct — although 
my  motives  have  been  assailed  in  a  manner  that  might 
well  arouse  my  feelings,  I  am  grateful,  and  feel  proudly 
elevated  in  my  own  estimation,  that  I  can  stand  before 
my  fellow  citizens,  fully  conscious  of  the  rectitude   of 


ALTON    TRIALS.  35 

my  conduct  and  nny  motives. — I  have  the  consoling 
reflection,  tliat  I  have  at  all  times  endeavored  to  dis- 
charge mv  duty  as  an  officer  and  a  citizen  vvitl)  unflinch- 
ing lirmness,  to  the  best  of  my  judgement  and  abilities. 
I  am  grateful  that  I  have  been  called  upon  to  give 
evidence,  before  this  Court  and  Jury,  under  the  fear- 
ful solemnity  and  unction  of  an  oath,  of  matters  that 
have  so  long  been  the  theme  of  abuse  and  defamation, 
and  I  hope  the  result  of  this  investigation  will  save  in 
future,  the  feelings  of  sensibility  from  defamation  and 
outrage,  and  serve  to  disabuse  the  public  mind. 

I  am  ready  for  examination  as  a  witness. 

It  was  proposed  and  agreed,  that  the  witness,  com- 
mencing at  the  organization  of  the  City  Government, 
should  give  a  connected  narrative  of  the  facts  from  that 
time  to  the  time  of  the  riot,  so  far  as  they  were  con- 
nected with  the  defendants  on  trial. 

At  the  time  Dr.  Beecher  preached  upon  anti-slaveiy, 
I  forget  the  day  of  the  month,  and  perhaps  some  one 
will  remind  me,  (here  some  one  remarked  it  was  on  the 
30lh  day  of  October,)  as  I  was  going  to  dinner,  Mr. 
Alexander  informed  me  that  he  (Beecher)  was  to 
preach  that  night  al  the  Presbyterian  Church.  He 
asked  me  if  I  would  not  attend.  I  replied  that  I  did 
not  know — 1  would  sec.  I  had  an  appointment,  which 
I  expected  would  occupy  a  part  of  the  afternoon,  and 
thought  would  extend  into  the  evening.  In  the  afternoon, 
Mr.  Gilinan  came  into  my  office,  and  commenced  a  con- 
versation with  me.  In  the  course  of  it,  he  told  me  that 
they  expected  another  press  would  arrive  in  a  few  days  ; 
that  they  had  organized  themselves  into  a  company,  and 
that  they  would  be  ready,  in  case  any  violence  should 
be  ofl*ered,  or  any  disturbance  take  place,  to  act  in  obe- 
dience to  any  civil  authority.  At  the  close  of  the  con- 
versation, he  asked  me  to  go  with  him  into  Mr.  Rolf's 
store.  I  went  with  him,  and  found  there,  Messrs.  Rofl', 
Walworth,  Breath,  one  or  both  the  Mr.  Lovejoys,  I 
think  both,  certainly  Rev.  E.  P.  Lovejoy,  ajid  I  pre- 
sume others.     They    stated   to  me  that  they  expected 


36  ALTON    TRIALS. 

the  press  would  arrive  soon ;  that  it  was  consigned  to 
A.  B.  Roff,  and  that  they  expected  it  would  be  land- 
ed at  Mr.  Roff's  store.  Some  one,  I  do  not  recollect 
wdio  it  was,  rennarked  that  Col.  Buckmaster  had  told 
thena  he  would  not  have  it  in  his  store,  on  account  of 
the  insurance.  They  then  remarked,  they  had  prepared 
themselves  with  guns,  in  case  of  there  being  any  trouble, 
and  said  they  expected  the  press  would  be  assaulted. 
I  thought,  and  toJd  ihem  so,  that  if  the  press  was  land- 
ed in  the  day  time,  I  should  apprehend  no  danger,  and 
could  not  believe  that  an  attack  w^ould  be  made  under 
such  circumstances.  They  replied  to  me  by  saying, 
that  in  case  any  disturbance  should  take  place,  they 
would  hold  themselves  ready  to  obey  my  orders. 
I  thanked  them  for  their  offer,  said  it  was  all  very  well, 
and  left.  They  had  guns  in  the  store  at  this  time.  I 
saw  them.  Some  one  (I  think  Mr.  H.  Tanner)  pro- 
posed the  plan  of  taking  the  guns  to  Mr.  Gilman's  ware- 
house, and  asked  me  what  I  thought  of  it.  I  urged  up- 
on them  the  propriety,  the  absolute  necessity  of  acting 
with  moderation  and  prudence,  and  remarked  to  them, 
that  it  seemed  to  me  that  nothing  would  tend  more  to 
increase  the  excitement  then  existing  upon  the  subject, 
than  for  them  to  appear  in  the  street  with  arms.  I  did 
not  consider  that  I  was  there,  at  that  time,  in  my  official 
capacity,  as  Mayor.  They  again  repeated  to  me  their 
readiness  to  act  and  obey  any  orders  they  might  re- 
ceive from  the  civil  authorities.  I  thanked  them,  for 
their  readiness  to  do  so,  and  begged  of  them,  if  they 
should  deem  it  necessary  to  take  the  guns  to  Mr.  Gil- 
man's  store,  they  would  take  them  there  in  such  man- 
ner as  to  avoid  exciting  any  suspicion,  and  suggested 
the  plan  of  carrying  them  there  in  a  box.  In  the  mean- 
time, a  boat,  I  think  the was  coming  up  the 

river.  She  was  in  sight,  and  soon  reached  the  town. 
As  she  arrived  and  landed  Mr.  Oilman  and  myself  went 
on  board  of  her,  to  ascertain  whether  the  press  was  on 
board  or  not.  I  soon  ascertained,  from  the  Captain, 
that  the  press  was  not  there,  and  we,  or  I  left.     When 


ALTON    TRIALS.  37 

I  got  to  Roff's  store,  as  I  was  passing  to  tea,  J.  S. 
Clark  and  Mr.  Oilman  were  standing  there,  engaged 
apparently  in  conversation.  Mr.  Oilman  asked  me  it' 
I  should  attend  the  Church  that  evening  :  I  replied  that 
I  had  not  intended  to.  He  urged  me  to  go  ;  said  he  ap- 
prehended there  might  be  some  difficulty,  and  in  such 
case  my  presence  might  be  desirable.  I  said  if  mv 
presence  was  necessary  I  would  go.  The  conversation 
then  turned  upon  the  arms  which  were  in  the  store,  and 
he  (Mr.  Oilman)  asked  me  what  I  thought  of  having 
the  arms  in  readiness,  near  the  Church,  in  case  any  dis- 
turbance should  take  place.  1  told  him  I  did  not  ap- 
prehend there  would  be  any  necessilv  for  having  them 
there.  Mr.  Oilman  replied,  he  hoped  that  no  disturb- 
ance w^ould  take  place,  but  that  he  feared  there  was 
more  danger  than  was  imagined.  I  then  told  him 
that  I  did  not  know  but  it  would  be  w^ell  enough  to  have 
the  arms  in  some  convenient  place  here,  (meaning  at 
Roff's  store,)  in  case  they  should  be  wanted.  At  the 
proper  time  I  went  to  the  Church.  I  found  there  a 
large  congregation  assembled.  All  was  quiet  and 
peaceable.  During  the  services,  and  towards  the  close, 
a  stone  was  thrown  through  the  west  window  of  the 
Church,  but  did  no  injury.  The  congregation  rose 
immediately  to  their  feet,  and  some  one,  I  think  from 
the  gallery,  cried  out,  "To  arms."  I  afterwards  was 
informed  that  this  individual  was  Mr.  H.  Tanner.  There 
was  a  rush  towards  the  doors,  but  Mr.  Eeecher  asked 
the  audience  for  their  attention  again  ;  order  was  soon 
restored,  and  the  services  proceeded  to  their  close  with- 
out further  interruption.  The  congregation  was  soon 
dismissed  :  with  the  others  1  went  out.  The  people 
were  crowded  together  around  the  doors,  and  Mr.  Mans- 
field, and  some  others,  stood  there  with  their  arms. 
There  was  quite  a  crowd  (a  good  many  boys)  around 
the  doors  in  front  of  the  Church,  halloing,  and  calhng 
those  who  had  guns  cowards.  I  immediately  endeav- 
ored to  get  the  attention  of  the  crowd,  and  soon  succeed- 
ed, when  I  commanded  them,  one  and  all,  immediately 

4 


38  ALTON'    TRIALS. 

to  depart,  and  repair  to  their  respective  homes.  The 
first  intimation  I  had  that  the  arms  had  been  earned  to 
the  Church,  was  by  observing  them  in  the  hands  of 
those  who  stood  at  the  doors.  The  crowd,  soon  after 
I  made  proclamation,  dispersed,  and,  in  company  with 
others,  I  started  and  came  down  the  street.  At  the 
bridge  there  was  quite  a  collection  of  people,  and  I 
took  a  gun  away  from  a  man  by  the  name,  as  I  have 
since  been  informed,  of  John  Adams^  who  stood  there. 
Subsequently  to  this,  I  was  frequently  called  upon  by 
Mr.  Lovejoy,  (now  deceased,)  Mr.  Tanner,  RofF,  and 
others,  and  mv  opinion  asked  in  regard  to  the  propriety 
and  expediency  of  organizing  an  armed  force.  I  re- 
marked that  at  present  there  was  no  organized  mihtia 
force  in  the  city,  and  no  force  upon  which  1  could  de- 
pend in  case  of  emergency.  They  stated  that  thev 
thought  of  forming  a  military  company,  and  asked  me 
if,  in  case  they  did,  I  would  head  it.  I  told  them  1 
could  not,  that  mv  official  situation  was  such  as  would 
render  it  impossible.  Mr  Lovejoy,  in  particular,  called 
repeatedly  upon  me,  and  said  that  I  ought  to  command 
a  military  force.  I  told  him  I  could  not  consent  to 
do  so  ;  that  I  never  should  do  so  unless  it  became  ne- 
cessary for  the  protection  of  the  laws.  We  had  repeat- 
ed conversations  upon  this  subject.  I  repeatedly,  and  I 
beheve  always,  told  Mr.  Lovejoy,  that  it  was  within  the 
province  of  any  citizens  to  organize  such  force,  if  they 
deemed  it  necessary,  that  they  could  do  it,  if  they  pleas- 
ed, at  any  time.  Mr.  Lovejoy  stated  to  me  that  they 
wished  to  organize  their  company  under  my  sanction  in 
an  official  capacity,  and  asked  me  if  I  would  give  such 
sanction.  I  told  him  that  I  could  not,  and  explained  to 
him  the  reason  why  I  should  feel  bound  to  withhold  it, 
I  told  him  what  the  provisions  of  the  law  in  regard  to 
the  formation  of  such  companies  were  :  explained  to 
him  the  mode  of  proceeding  necessary  to  be  followed  in 
the  organization  of  their  company.  Subsequently  to 
this,  loaned  my  law  books  to  some  one,  who,  I  under- 
stood was  to  join  the  company. 


ALTON    TRIALS.  39 

Mr.  Gilman,  in  an  interview  shorlly  after,  lold  me 
ihal  they  had  organized  a  company,  and  had  put  them- 
selves under  the  command  of  William  Harned  :  he 
lendered  me  the  services  of  the  company,  and  said 
that  they  would  at  all  times  hold  themselves  in  readi- 
ness to  obey  any  commands  1  might  issue.  I  replied 
again,  thanking  him  for  his  readiness  to  act,  so  often  ex- 
pressed, and  lold  him  that  whenever  the  time  should 
rome  in  which  I  should  think  the  occasion  w^ould  warrant 
me  to  call  for  their  services,  I  should  unhesitatingly  do  it. 

On  the  night  of  the  6th,  or  rather  the  morning  of 
the  7th  of  November  last,  at  about  3  o'clock,  Mr.  Gil- 
man  and  Mr,  Roff  came  to  my  room  and  called  mc  up. 
They  stated  that  the  press  was  coming,  that  the  boat 
was  in  sight  coming  up  the  river,  and  that  Mr.  Moore 
was  upon  the  boat  and  had  charge  of  the  press  ;  that 
arrangements  had  been  made  to  have  it  safely  landed 
and  stored  that  night,  and  they  requested  me  to  go 
down  and  be  present  at  its  landing,  so  that,  in  case  of 
difficulty  or  disturbance  I  might  be  there  to  suppress 
it.  I  got  up,  dressed  as  quickly  as  I  could,  and  went 
down  to  the  river.  I  stood  at  Mr.  Oilman's  warehouse 
while  the  boat  was  nearing,  and  till  she  landed.  I  did 
not  go  on  board,  I  think.  The  hands  of  the  boat  put  the 
press  on  shore  and  removed  it  into  the  warehouse.  I 
think  I  did  not  have  conversation  with  any  one  but  Mr. 
(xilman  at  this  time.  After  the  press  was  stored,  I 
went  up  into  the  warehouse.  I  found  some  twenty  or 
thirty  people  assembled :  they  were  all  armed,  and 
again  offered  me  their  services  in  aid  of  the  laws. 
I  told  them,  as  I  had  repeatedly  before,  that  at  the  time 
I  did  not  see  any  occasion  for  their  services,  but 
that  if  occasion  should  arise  when  their  services  should 
l)e  needed  by  me,  I  should  not  only  call  for,  but 
should  expect  to  receive  their  assistance.  On  the 
6th  Mr.  Gilman  called  upon  me  at  my  office, — be 
introduced,  as  matter  of  conversation,  the  subject 
of  the  rights  of  citizens  to  defend  their  property.  We 
}iad   a   long   conversation ;   I    gave   him    my    opinion 


40  ALTON    TRIALS. 

upon  the  subject ;  I  think  I  read  the  law,  and  explained 
to  him  its  principles  ;  I  do  not  know  whether  he  asked 
my  advice  as  Mayor,  as  lawyer,  or  as  a  friend  and 
citizen.  I  did  not  consider  that  I  was  then  advising 
him  as  Mayor ; — in  the  course  of  our  conversation  we 
spoke  of  our  municipal  regulations  ;  I  told  him  I  thought 
they  were  exceedingly  deficient,  and  I  believe  I  men- 
tioned in  what  particulars.  He  asked  me  if  I  would 
appoint  special  constables ;  said  he  apprehended  danger 
to  his  property  ;  I  told  him  that  I  had  no  authority  to 
make  any  such  appointment,  that  I  would  cheerfully  do 
all  I  could  ;  that  the  Council  w^ould  meet  that  day,  and 
that  at  their  meeting  I  would  lay  the  whole  matter 
before  them.  When  the  Council  met,  I  did  make  the 
application,  but  I  did  not  recommend  in  tennis  the 
appointment  of  such  officers  ;  I  left  the  whole  matter  to 
the  action  of  the  Board.  I  was  absciU  at  the  next 
meeting  of  the  Council  when  tlie  Records  were  read, 
or  I  should  have  noticed  the  mistake  in  the  record,  and 
had  it  corrected. 

On  the  evening  of  the  7th  of  November  last,  Mr. 
Oilman  and  Mr.  Chappell  called  at  my  office.  They 
told  me  they  apprehended  an  attack  would  be  made 
upon  the  warehouse,  as  they  had  understood  the  mob 
were  determined  to  destroy  the  press  ;  that  a  number 
of  armed  men  had  assembled  and  were  then  in  the 
building  for  the  purpose  of  defending  it,  and  that  they 
had  come  to  the  resolution  of  remaining  there,  and  de- 
fending it  at  all  hazards  ;  they  asked  me  what  I  thought 
of  their  determination  ;  they  spoke  of  the  rumors  they 
had  heard  in  regard  to  the  determination  of  the  mob 
to  destroy  the  press.  At  that  time,  all  w^as  quiet 
in  the  city,  so  far  as  I  know,  and  I  had  but  a  little 
while  before  been  in  the  streets,  and  observed  nothing 
which  led  me  to  suppose  an  attack  was  medi- 
tated. I  did  not  believe  an  attack  would  be  made.  I 
had  exerted  myself  that  day  as  much  as  I  was  able, 
and  had  endeavored  to  get  all  the  information  which 
was  possible.     People  seemed  to  shun  me,  and  were 


ALTON    TRIALS.  41 

very  reluctant  to  communicate  with  me  at  all,  and  I 
could  succeed  in  getting  no  information  which  should 
have  induced  me  to  believe  any  design  lo  destroy  the 
press  was  meditated.     Mr.  Gihnan  asked  me  what  I 
diought  of  the  armed  men  who  were  in  the  building, 
remaining  there  for  the  purpose  of  defending  their  pro- 
perty.    I  told  him  in  my  opinion  they  had  an  undoubted 
right  to  be  there, — that  they  might  rightfully  remain 
there,  and  that  they  would  be  justified   in  defending 
iheir  property ;  I  did  not  understand  them  as  making 
this  application  for  advice  to  me,  as  Mayor.     Mr.  Gil- 
man  stated  to  me  that  they  w^ere  well  prepared  with 
arms;    that    they   should    remain    there    during    the 
night ;  that  they  were  fully  determined  to  defend  the 
press  and  the  building;  and  that  if  the  attack  which 
they  apprehended  was   made,  they  wished   it  to  be 
understood  that  their  services  would  be  ready  to  execute 
any  order  they  might  receive  from  any  civil  officer.     I 
replied  to  them,  that  if  the  emergency  should  require 
the  aid  of  armed  men,  I  should  not  hesitate  a  moment 
in  commanding  the  men  who  were  assembled  there  to 
•suppress  the  riot,  but  that  I  should  be  the  sole  judge  of 
such  an  emergency.     He  repeatedly  asked  me  what  I 
thought  of  their  being  there.     I  never  ordered  any  man 
to  repair  to  the  warehouse ;  but  in  every  instance,  I 
was   informed  that  they  had  already  repaired   there. 
Mr.  Oilman   repeatedly  told  me,  that  all  he  desired 
was  to   act   under  the  authority  of  law,  and  the  civil 
officers.     After  Mr.  Gilman  left,   I  remained    in    my 
office  till  between  nine  and  ten  o'clock.     I  stepped  in 
to  Dr.  Hart's  office  at  that  time,  and  while  I  was  there  I 
heard  a  number  of  people  passing  by, — there  were  from 
fifteen  to  twenty.    T  immediately  came  down  staiis.    I 
recognised  two  of  the  crowd  ;  one  of  them  had  a  gun.    I 
got  my  overcoat,  prepared  myself,  returned  to  the  street, 
but  saw  no  one.  I  came  down  to  Mr.  Robbins'  office,  sent 
forjudge  Martin  and  other  civil  officers,  and  waited  some 
Time  for  them  to  come.    Mr.  Robbins  and  myself  finally 
fttarted  together.     As  I  was  goinjr  down  the  stairs   I 

4* 


4tJ  ALTON    TRIALS, 

heard  two  reports  of  firearms  ;  from  the  sound  I  thought 
they  were  pistols  ;  the  reports  seemed  to  be  low.  I 
soon  heard  another  which  I  took  to  be  a  gun.  I  has- 
tened up,  and  soon  saw  people  carrying  a  man, — it  was 
Bishop.  I  stepped  up  to  them  and  asked  if  any  one 
was  hurt ;  they  replied  yes,  one  of  our  men  was  shot. 
I  asked  if  he  was  much  hurt ;  they  said  they  thought 
not.  They  seemed  very  much  excited,  I  endeavored 
to  persuade  them  to  disperse.  A  crowd  gathered 
round  me  ;  I  addressed  them,  and  used  all  the  means 
in  my  power  to  induce  them  to  disperse.  I  asked  them 
what  they  intended  to  do.  They  said  they  were  deter- 
mined to  have  the  press.  Some  one  proposed  that  I 
should  let  those  inside  the  warehouse  know  that  they 
wanted  the  press  ; — that  they  would  have  it  at  all 
events,  and  said  they  would  retire  while  I  went  in  and 
communicated  their  derermination.  I  acceded,  supposing 
that  if  we  could  once  get  them  scattered,  the  excitement 
would  subside  and  w^e  could  then  control  them.  They 
retired  ;  I  went  to  the  warehouse  ;  Mr.  Gilman  opened 
the  door  and  let  me  (with  Mr.  Robbins  and  I  believe  Mr. 
West  also)  in.  He,  Mr.  Gilman,  asked  me  how  many 
outside  were  injured,  if  any.  I  told  him  there  was  but 
one  injured,  so  far  as  I  knew,  that  there  were  but  few 
outside.  I  then  told  Mr.  Gilman  what  the  mob  said 
they  wanted,  and  the  determination  the}?^  had  expressed, 
and  I  also  stated  my  impression,  that  when  I  went  out 
we  could  control  them.  I  staid  in  the  warehouse  some 
time  purposely,  longer  than  I  otherwise  should,  in  order 
that  the  excitement  should  subside,  as  I  had  no  doubt 
it  would. 

While  in  the  warehouse,  I  went  up  on  to  the  second 
floor.  I  saw  there  Gilman,  Lovejoy,  Walworth,  (I 
think,  but  am  not  positive,)  Long,  Hurlbut,  and  some 
others.  I  think  I  saw  some  arms  about  the  walls. 
Gilman,  Long,  and  Lovejoy,  had  guns  in  their  hands. 
Gilman  told  me  that  two  or  three  guns  had  been  fired 
from  the  house.  Deacon  Long  asked  me  if  they  were 
justified.     I   replied,  most   certainly ;  I  thought  they 


ALTON    TRIALS.  49 

were.  My  impression  was  that  we  should  be  able  to 
quell  any  further  disturbance,  when  we  went  out ;  and 
I  so  expressed  myself.  I  had  no  idea  any  further  attack 
would  be  made. 

Question  hy  W.  S.  Gilman. — On  the  night  of  the 
6th,  when  I  called  you  up  and  you  went  down  to  the 
warehouse,  did  you  not  go  into  the  building  before  the 
press  was  landed  ?  Ans.  Yes,  I  believe  I  did,  I  think 
I  did. 

Q.  Did  you  not  ask  me  to  go  out,  and  did  I  not  go 
out,  and  did  1  not  stand  by  your  side  on  the  wharf  at  the 
lime  the  press  was  landed  ?     Ans.  Yes,  you  did. 

Q.  When  the  press  was  landing  did  I  not  ask  you 
!  0  go  down  and  receive  it,  and  did  you  not  say  that  as  I 
was  the  owner,  I  had  better  go  down  and  receive  it, 
and  you  would  be  by  my  side  ? 

Ans.  There  was  a  proposition  of  that  kind  made, 
and  I  believe  I  made  it ;  T  thought  as  you  owned  it,  you 
ought  to  be  there  to  receive  it  when  it  was  landed. 

Q.  Did  you  not  tell  us  we  had  better  not  leave  the 
warehouse,  not  even  to  go  to  our  meals,  without  some 
being  there  to  guard  it  ? 

Ans.  I  think  I  told  you  you  had  better  keep  a  guard 
there,  or  something  to  that  effect. 

Q.  Did  I  not  seem  anxious  to  know  what  to  do  ? 

Ans.  You  did  ;  you  appeared  anxious  that  whatever 
was  done,  should  be  done  under  the  sanction  of  the  civil 
authority. 

Q.  What  course  did  you  say  you  should  take  in 
case  the  press  should  be  attacked  ? 

Ans.  I  told  you  that  if  there  was  any  danger  that  the 
people  should  altack  the  press,  I  should  order  them  to 
<iesist,  and  should  warn  them  of  the  serious  consequen- 
ces which  would  follow  any  attempt  on  their  part  to 
disturb  or  destroy  the  press. 

Q.  Did  you  not  say  that  if  the  press  was  attacked, 
you  should  first  order  the  mob  to  desist,  and  that  if  they 
persisted,  you  should  then  order  us  to  fire  ? 


44  ALTON    TRIALS. 

Ans.  I  believe  I  did ;  I  said  I  should  if  it  became 
necessary. 

Q.  Did  you  not  at  this  time  consider  you  appeared 
there  as  Mayor  1  ^ 

Ans.   1  did. 

I  once  agreed  in  one  of  the  interviews  I  had  with 
Mr.  Oilman,  to  appoint  Capt.  Harned  as  special  con- 
stable at  his  (Mr.  Gilman's)  request ;  but  afterwards, 
upon  an  examination,  I  found  I  had  no  authority  to 
make  such  appointment.  I  did  not  consider  the  armed 
force  at  the  church,  or  at  the  landing  of  the  press,  as 
organized  under  my  authority. 

I  have  lived  in  the  city  for  nearly  five  years.  God- 
frey &  Oilman  built  the  warehouse  which  was  attack- 
ed ;  it  has  been  in  their  possession  ever  since  I  have 
known  the  place. 

I  heard  no  noise  in  the  warehouse  on  the  night  of  the 
7th.  I  saw  but  few  persons  there  ;  saw  Mr.  Oilman  first 
on  the  lower  floor.  I  saw  Mr.  Long,  Lovejoy,  and 
]  lurlbut,  and  I  presume  others,  but  don't  recollect  who. 

I  know  Mr.  Oilman  to  be  an  orderly  citizen.  I  gave 
no  orders  while  I  was  in  the  building,  either  to  Oilman, 
or  any  one  else,  restraining  them  from  firing,  or  doing 
any  thing  ejse.  I  saw  no  occasion  for  doing  so.  I 
thought  they  had  a  right  to  do  as  they  were  doing. 
When  I  went  out,  I  commanded  the  people  assembled 
there  to  disperse.  If  I  had  seen  any  thing  riotous  on  the 
part  of  those  in  the  warehouse,  I  should  have  ordered 
them  to  desist ;  I  should  have  commanded  them  to  dis- 
perse. When  I  first  went  up,  the  front  of  the  store  had 
been  broken  in.  Some  shot  struck  my  hat  while  J 
was  addressing  the  crowd.  The  guns  were  fired  on 
the  outside  of  the  building,  and,  I  thought,  from  the 
southeast  corner  of  the  warehouse  ;  there  were  three 
guns  fired  at  the  people  who  were  raising  the  ladder  to 
the  warehouse.  I  supposed  the  shot  which  reached 
me,  were  fired  at  them ;  and  I  afterwards  ascertained 
that  T  stood  about  in  the  direction. 


ALTON    TRIALS.  45 

The  two  first  discharges  were  from  the  outside,  and 
they  were  the  first  which  were  fired,  I  think. 

Question  by  Defendant's  Counsel. — From  all  the 
circumstances  in  the  case,  have  you  any  doubt  that  Mi . 
Oilman,  in  what  he  did,  supposed  he  had  your  sanc- 
tion ?  Ans.  From  all  the  circumstances,  I  am  induced 
to  believe  that  Mr.  Oilman  supposed  he  was  acting 
under  my  authority.  While  I  was  in  the  storehouse, 
some  conversation  took  place  about  the  right  which  a 
man  had  to  defend  his  property.  I  uniformly  told 
ihem,  that  they  had  a  right  to  be  there.  I  told  them 
they  were  justified  in  defending  their  property  ;  but  T 
told  them  so  as  a  lawyer.  While  I  was  in  the  ware- 
house, I  told  them,  that  if  they  were  out  of  doors,  I 
should  command  their  aid  in  suppressing  the  riot;  but 
that  I  could  not  command  them  while  they  remained 
there. 

Cross-examined. — While  I  was  in  the  building,  I 
gave  no  directions  to  those  inside,  as  to  the  mode  of  re- 
sistance they  should  adopt.  I  considered  that  they 
acted  upon  their  own  responsibility  ;  but  I  gave  them 
my  legal  opinion.  I  took  the  message  which  the  mob 
requested  me  to  take,  and  communicated  it  to  those  in- 
side. I  told  them  that  the  mob  swore  they  would  have 
the  press,  at  all  hazards. 

Oilman  replied,  that  they  had  resolved  to  defend  the 
press  at  the  risk  of  their  lives,  and  that  they  could  not 
give  it  up.  I  saw  Oilman,  Lovejoy,  Hurlbut,  and 
Long,  and  I  recollect  of  no  others  now  whom  I  saw 
with  guns. 

In  my  remarks  to  the  mob,  I  returned  the  language 
of  O.;  I  spoke  to  them  of  the  dangers  they  were  in, 
the  laws  they  were  violating,  and  the  penalties  they 
were  incurring  by  the  breach  of  those  laws. 

Question  by  Linder  for  Government. — Did  Mr.  Oil- 
man ever  tell  you  what  principles  that  press  was  in- 
tended to  advocate  ?  Ans.  I  don't  think  he  overdid. 
He  once  told  me  that  it  was  not  determined  whether 
the  press  should  be  established  here,  or  at  some  other 


46  ALTON    TRIALS. 

place.  I  don'i  know  that  I  ever  heard  Oilman  say  any- 
thing about  keeping  Mr.  Lovejoy  here,  or  persuading 
him  to  go  off.  I  never  did  confer  upon  those  who  were 
inside  any  authority  to  assemble,  or  give  them  any  or- 
der to  fire  upon  the  people  outside.  I  endeavored  in 
the  interview's  I  had  with  Mr.  Oilman  to  explain  to  him 
the  law. 

Question  by  Linder  for  Government. — Did  you 
ever  state  to  Mr.  Oilman  that  he  could  not  resort  to 
violence,  unless  under  the  direction  of  an  officer  of  the 
law  ?  Ans.  I  don't  think  I  ever  did.  I  told  him  that 
every  man  had  a  right  to  defend  his  person,  and  pro- 
perty, and  to  use  violence  if  it  was  necessary ;  and  that 
each  man  must  judge  of  his  extremity.  I  repeatedly 
stated  to  him  that  whenever  a  case  presented  itself, 
Avhere  I  thought  the  emergency  required  it,  I  should 
not  hesitate  to  call  upon  those  men,  or  any  other,  to  aid 
me  in  maintaining  order ;  but  I  thought  it  must  be  an 
extreme  case  which  would  justify  such  a  course.  I 
advised  Mr.  Oilman,  in  case  of  any  disturbance,  to  ad- 
dress the  crowd  in  the  first  place  ;  I  thought  he  took  a 
correct  view  of  the  matter.  1  told  him  w^hat  course  I 
should  probably  take,  if  I  was  placed  in  a  similar  situ- 
ation ;  but  in  all  instances  I  advised  him  as  a  friend, 
and  a  citizen,  and  not  as  an  officer.  I  might  have  been 
desired  to  remain  in  the  building  at  the  time  I  w^ent  in, 
I  think  I  was,  and  that  I  replied,  that  I  could  have  more 
influence  with  the  crowd  out  of  doors.  At  the  time  I 
addressed  the  crowd,  after  T  came  out  of  the  warehouse, 
I  think  I  stated  to  them,  that  unless  they  dispersed  they 
would  be  fired  upon  by  those  in  the  building.  If  I  re- 
collect right,  the  mob  made  no  reply.  They  advised 
me  to  get  out  of  the  way  and  go  home. 

Question  hy  Defendants  Counsel. — At  the  time  you 
stated  to  Mr.  Oilman  and  others,  that  if  they  were  out- 
side you  should  command  them  to  aid  you,  was  any 
proposition  made  by  any  one  for  them  to  go  out  ? 

Ans. — There  was  no  proposition  made  by  them,  or 


ALTON    TRIALS.  47 

to  them,  to  go  out  of  doors.  They  expressed  their 
readiness  to  obey  any  orders  I  might  give  them. 

Question  by  Linder  for  Government. — Did  you 
give  them  any  orders  ? 

Alls. — I  did  not. 

Samuel  J.  Thompson  called  and  sworn. — I  \vas  in 
the  warehouse  on  the  night  of  the  7th  of  last  Novem- 
ber. Before  the  mob  assembled  Mr.  Oilman  spoke  of 
sending  for  the  Mayor.  Something,  I  don't  recollect 
what,  prevented  at  the  time.  The  mob  assembled  be- 
fore the  matter  was  arranged,  and  he  was  not  sent  for 
that  I  know  of. 

Cross-examined. — I  was  one  of  those  inside  the 
warehouse  on  that  night. 

Q.  Was  you  a  militia  man  ?  Ans.  No,  sir,  I  was 
in  the  regular  service,  such  as  I  hope  to  be  always  in. 
I  was  there  all  the  time.  I  do  not  know  who  shot  first. 
I  was  stationed  towards  the  river,  and  the  stones  rattled 
so  that  it  was  difficult  for  me  to  tell  whether  a  gun  was 
fired  or  not.  The  first  gun  I  heard,  was  fired  from  the 
outside.  1  don't  know  whether  it  was  the  first  which 
was  fired  or  not.  There  were  three  or  four  guns  fired 
before  the  cry  was  heard  that  Bishop  was  dead.  I 
never  saw  Bishop.  It  was  remarked  inside,  that  they 
were  sorry  to  shoot  any  one,  and  that  they  hoped  this 
woidd  put  an  end  to  the  attack.  Some  of  the  guns  were 
loaded  with  fine,  and  some  with  buckshot.  I  had  a 
gun,  but  did  not  fire  it.  We  had  resolved  to  defend  the 
press  at  the  risk  of  our  lives.  The  thought  never  en- 
tered our  minds  that  the  mob  was  as  bad  as  it  turned 
out  to  be ;  and  therefore,  we  did  not  prepare  as  we 
ought  to  have  done.  I  should  myself  act  differently 
again.     I  remained  in  the  warehouse  till  the  mob  left  it. 

Question  by  Linder  for  Government. — Where- 
abouts were  you  ?  Ans.  I  was  all  over  the  house,  from 
the  garret  to  the  cellar. 

Question  by  same.  Did  Mr.  West  find  you  there  ^ 
Ans.  Yes,  sir. 

Q.  And  the  Mayor  '     Ans.  Yes,  sir. 


48  ALTON    TRIALS. 

Examined  again  hy  Defendanfs  Counsel. — I  suppo- 
sed I  acted  under  the  authority  of  the  Mayor.  When 
the  Mayor  came  into  the  building  he  was  asked  if  wc 
had  done  right  in  firing ;  he  rephed,  Yes,  perfectly. 
The  Mayor  and  Mr.  Robbins  both  said  that  the  mob 
were  determined  to  go  headlong  and  get  the  press  at 
any  rate.  I  do  not  use  their  expressions.  The  Mayor 
was  asked  to  remain.  He  said.  No ;  1  can  do  more 
good  on  the  outside,  or  I  would.  The  understanding 
we  had  among  ourselves  was  not  to  fire  until  we  were 
fired  upon.  We  did  not  fire  until  we  were  attacked, 
and  guns  were  fired. 

hinder  for  Government. — I  now  move,  your  honor, 
to  reject  this  evidence.  This  witness,  by  his  own  show- 
ing, is  equally  guilty  with  those  indicted.  He  is  par- 
ticeps  cri?ninis ;  and  one  standing  in  such  situation 
can  never  testify  in  favor  of  his  fellow  criminals — can- 
not be  permitted  to  give  evidence,  Avhere  such  evidence 
goes  directly  to  exculpate  those  with  whom  he  was  as- 
sociated in  the  commission  of  an  offence  — shall  not  be 
permitted  to  swear  away  the  guilt  of  his  co-actors  in 
crime. 

Cowles  for  Defendant. — This  seems  to  me  a  strange 
course  to  pursue,  and  a  singular  time  to  adopt  it.  The 
evidence  has  gone  to  the  jury ;  it  has  had  its  effect ;  it 
has  produced  its  impression,  and  if  the  evidence  could 
he  withdrawn  from  them,  what  course  will  the  Attor- 
ney General  point  out,  by  which  its  effect  can  be  with- 
drawn, or  its  influence  removed  '?  And  it  is  too  late  to 
take  the  objection  now.  If  it  was  to  be  made  at  all,  it 
should  have  been  made  long  ago.  But  the  government 
has  sat  still  and  permitted  it  to  go  to  the  jury,  and  be- 
cause the  witness  has  disclosed  some  rather  unpalata- 
ble facts,  they  now  start  up  with  this  wild  proposition. 
We  had  a  right  to  presume  that  the  evidence  was  given 
in,  not  much  to  the  satisfaction,  I  acknowledge,  but 
surely  with  the  full  consent  of  the  Government.  The 
presumption  of  law  is,  that  if  a  party  sits  by,  hears  evi- 
dence improper  in  its  character  given  to  a  jury,  and 


ALTON    TRIALS.  49 

does  not  object,  that  he  has  no  objection;  orhaviuganv 
waives  it.  It  is  a  fair  presumption  that  it  was  given  in 
by  his  consent,  if  he  do  not  make  his  objection  at  a 
proper  time.  It  is  so  decided  by  the  Supreme  Court, 
HI  the  case  of  Suyder  vs.  La  Frambraise,  and  this  is 
the  first  time  it  has  ever  been  controverted.  Suppose 
the  present  defendant  is  convicted  under  the  indictment 
now  pending;  and  suppose  he  discharges  such  penaltv 
as  may  be  imposed,  will  the  Attorney  General  say  he 
would  be  incompetent  to  testify  upon  the  trial  of  the 
remaining  individuals,  included  with  him  in  this  indict- 
ment ?  Surely  not ;  and  yet  he  would  stand  before  the 
jury,  not  only  a  criminal,  but  a  convicted  one.  And  if 
Oilman  would  be  a  competent  witness  for  individuals 
over  whose  heads  this  indictment  still  pends  ;  whose 
guilt  or  innocence  is  yet  to  be  passed  upon  ;  why  is  this 
witness  to  be  excluded  upon  this  trial  ?  'Tis  true  a 
witness  cannot  be  compelled  to  criminate  himself — can- 
not be  forced  to  disclose  facts,  which  if  disclosed  by 
him  would  enable  the  Government  to  convict  him.  But 
whose  privilege  is  this  ?  to  whom  does  this  right  be- 
long ?  To  the  witness  introduced,  and  to  whom  the 
question  is  propounded,  and  from  whom  the  evidence 
is  sought  to  be  obtained.  But,  if  a  party  chooses  to 
disclose  facts  which  may  be  injurious  to  himself;  if  a 
witness  vohmtarily  discloses  his  participation  in  an  act 
which  is  criminal ; — who  suffers  ?  who  is  injured  there- 
by ?  The  Government  ?  Not  so.  They  gain,  in  this 
way,  the  disclosure  of  the  crime,  and  the  knowledge  of 
the  criminal.  The  witness  ?  Not  so.  He  waives  his 
privilege,  throws  from  him  the  shield  which  the  law  has 
furnished  him,  and  thereby  braves  the  danger,  and  seeks 
the  liability. 

Per  Curiam.  The  motion  cannot  be  sustained.  An 
accomplice  not  indicted  \yith  others  who  may  be  on 
trial,  is  a  competent  witness,  although  he  cannot  be 
compelled  to  give  evidence  against  himself.  The  rule 
is,  that  the  objection  only  goes  to  the  credibility  of  the 
witness ;  and  if  such  testimony  is  not  corroborated  by 

5 


50  ALTON    TRIALS. 

the  testimony  of  other  credible  witness  or  witnesses,  it 
is  not  entitled  to  full  credit.  The  witness  is  competent, 
and  the  jury  must  judge  of  the  degree  of  credit  to  be 
placed  upon  the  evidence. 

The  defendant  here  rested,  and  proposed  submitting 
the  case  to  the  Jury  without  argument,  but  the  propo- 
sition was  declined  by  the  Counsel  for  the  People. 

For  the  People. — Mr.  Murdock  rose  and  said : 
Permit  me,  Gentlemen  of  the  Jury,  before  I  proceed 
to  the  argument  of  the  case,  publicly  to  express  the 
pleasure  I  felt  while  hstening  to  the  testimony  of  Mr. 
Krum.  The  eloquent,  candid,  but  indignant  manner 
with  which  he  repelled  the  often  repeated  story  of  in- 
efficiency and  indecision  in  the  discharge  of  his  impor- 
tant and  highly  responsible  duties  during  the  trying 
events  which  have  given  our  city  such  unenviable  fame  , 
and  his  satisfactory  detail  of  the  measures  recommended 
and  adopted,  must  have  given  gratification  to  all  his- 
friends.  And  if  any  thing  that  I  may  have  said  tended 
to  confirm  public  opinion  in  the  truth  of  reports  so  pre- 
judicial to  him,  1  feel  called  upon  by  every  gentlemanly 
consideration,  in  this  pubhc  manner  to  confess  the 
charges  to  be  unfounded,  and  that  he  stands  before  thi& 
community  in  the  character  of  an  efficient  and  upright 
Mayor. 

I  regret.  Gentlemen  of  the  Jury,  that  in  the  dis- 
charge of  my  duty  to  the  people,  I  am  called  upon  to 
animadvert  upon  the  conduct  of  men  for  whom  per- 
sonally I  entertain  the  highest  esteem.  In  every  rela- 
tion in  life  the  defendant  possesses  as  high  clahns  upon 
our  regard  as  any  other  individual  in  the  community. 
Gentlemanly  in  all  his  deportment ;  strictly  moral  in 
life,  and  enterprising  in  business ;  few  men  possess  to 
a  higher  degree,  or  deserve,  the  respect  and  confidence 
of  their  acquaintance,  than  the  defendant,  Mr.  Gilman. 
But,  gentlemen,  he  has  been  charged  by  the  Grand 
Jury  of  the  city,  with  a  violation  of  the  laws  of  the 
State,  and  no  matter  how  wealthy  he  may  be — how 
useful  as  a  citizen — how  pure  and  unoffending  in  the 


N9l¥dMVH3-VNVUn  iV 

ALTON    TRIALS.       JO  JdiSiQA^Ur         '^^ 

general  course  of  his  conduct,  it  guilty  of  the  offence 
charged,  it  is  your  duty  to  say,  by  your  verdict,  that 
neither  the  rich  and  good,  or  the  poor  and  profligate 
shall  violate  the  law  with  impunity.  It  is  the  palladium 
of  every  thing  dear  to  freemen.  It  is  lamentable,  gentle- 
men, to  consider  the  excesses  to  which  fanaticism,  in 
ll)e  name  of  our  holy  religion,  often  drives  the  best 
and  most  intelligent  men.  If  the  defendant  had  been 
led  by  the  dictates  of  the  religion  he  adorns,  if  he  had 
consulted  the  precepts  of  that  Divine  Master,  whose 
professed  disciple  he  is,  how  different  would  have  been 
liis  conduct,  amidst  the  appalling  events  of  the  7th  of 
November  last !  Did  he,  who  is  God  alone — did  he, 
when  nailed  to  the  cross,  curse  his  cruel  persecutors, 
and  die  ?  Did  he  oppose  violence  to  violence  1  And  yet, 
gentlemen,  the  defendants  thought  themselves  justified 
by  the  religion  of  the  Saviour.  It  is  humiliating  to 
man,  to  think  how  weak  we  are, — how  liable,  with  the 
best  intentions,  to  err.  The  warmth  of  his  heart,  his 
benevolent  zeal  for  the  good  of  the  oppressed  of  his 
fellow  men,  will  extenuate,  but  cannot  wipe  away  the 
guilt  of  the  defendant. 

But,  gentlemen,  this  is  a  question  of  law  ; — Is  the 
defendant  guilty  or  not  guilty  ?  The  facts  no  one  de- 
nies— they  are  fully,  clearly  made.  Do  they  consti- 
tute crime  is  the  question.  I  will  not  deny  that  at 
common  law  every  individual  had  the  right  by  force  to 
repel  a  forcible  entry  into  his  house,  nor  will  I  deny 
that  he  had  a  right  to  assemble  his  friends  to  aid  him 
in  so  doing — but  is  it  so  in  Illinois?  has  every  one 
this  right  here  ?  is  it  one  of  those  natural  rights  which 
no  law  can  deprive  us  of?  If  it  is,  gentlemen,  then 
our  statute  is  a  dead  and  useless  letter.  It  was  mani- 
festly the  intent  of  the  Legislature  to  change  the  com- 
mon law,  to  abridge  the  right  of  defending  one's  domi- 
cile, to  an  orderly  and  peaceable  resistance,  free  from 
violence  and  tumult.  If  the  defence  of  property  by 
means  of  firearms  be  not  a  "  violent  and  tumultuous" 
defence,  can  any  acts  constitute  the  offence  ?    It  is  the 


A 


o2  .  "       ALTON    TRIALS. 

manner  in  which  the  defence  is  made,  not  the  defence 
itself,  which  constitutes  the  crime.  We  must  give  the 
statute  its  natural  and  evident  import.  It  may  be  that 
the  defendant  supposed  he  was  acting  under  the  autho- 
rity of  the  Mayor ;  but  is  this  a  justification  ?  The 
Mayor  cannot  legalize  an  illegal  act — he  cannot  give  a 
warrant  to  commit  crime.  His  office  is  to  maintain 
law,  not  to  give  authority  to  violate  it. 

Few"  states,  gentlemen  of  the  jury,  have  a  criminal 
code  so  severe  as  our  own.  Its  provisions,  if  carried 
into  effect,  are  amply  sufficient  to  protect  the  properly 
of  our  citizens,  or  to  punish  the  lawless  destro^'er ;  and 
it  was  the  duty  of  the  defendant,  as  a  good  citizen,  to 
have  fled  to  it  for  redress  of  his  injuries.  The  Legis- 
lature intended  by  the  severity  of  its  enactments  to 
manifest  its  design  to  throw  around  the  rights  and  pro- 
perty of  our  citizens  ample  protection,  or  to  punish 
rigorously  its  violations.  To  the  law  then  the  defendant 
should  have  resorted  for  redress  :  he  should  have  re- 
flected, that  in  our  day  and  country  a  rabble  cannot 
long  hold  the  ascendancy  :  that  soon  a  returning  sense 
of  propriety  wall  come  over  the  people  :  that  so  soon  as 
reason  has  time  to  exercise  her  power,  unaided  by  passion, 
that  love  of  order,  that  respect  for  law,  that  regard  for  the 
rights  of  others  which  distinguish  Americans,  would 
have  exerted  their  influence  over  our  misguided  citizens. 

I  need  not  say  to  you,  gentlemen,  how  much  I  de- 
plore the  tragical  event,  tlie  details  of  which  you  have 
been  so  long  listening  to.  It  has  exerted,  and  will  con- 
tinue to  exert  a  baleful  influence  upon  our  prosperity, 
and  worse,  upon  our  good  name.  But  the  evil  has  been 
committed,  and  gone  forth  to  all  the  world,  to  blacken 
the  page  of  our  history  ;  it  is  your  proud  duty,  your 
high  power,  to  do  much  to  soften  the  coloring.  And 
how,  but  by  the  fearless  execution  of  the  law  ?  I  will 
not,  gentlemen  of  the  jury,  trespass  longer  upon  your 
time,  exhausted  by  the  extended  examination  of  testi- 
mony. I  resign  the  case  to  th  :  able  counsel  w^ho  aid 
me  in  the  prosecution. 


ALTON    TRIALS.  53 

Remarks  of  George  T.  M.  Davis,  upon  the  defence 
of  W.  S.  Gilman. 

Having,  for  the  last  fortniglit,  gentlemen  of  the  jury, 
been  confined  to  my  room  with  indisposition,  it  is  with 
a  perfect  consciousness  of  my  own  inabihty,  (increased 
from  feebleness)  to  do  justice  to  my  client  that  I  at- 
tempt to  address  you  in  his  behalf ;  and  were  it  not 
tliat  I  am  to  be  followed  by  other,  and  far  more  able 
counsel,  you  might  indeed  charge  me  with  arrogance 
and  presumption  in  making  an  effort  in  his  defence.  I 
must  consequently  throw  myself  upon  your  kind  indul- 
gence for  the  few  moments  I  shall  occupy  in  taking  a 
cursory  view  of  the  testimony  in  this  cause.  Fortu- 
nately for  my  client,  gentlemen  of  the  jury,  we  have 
been  enabled  to  sever  him  from  the  other  individuals 
who  are  included  in  the  indictment  with  him  ;  neither 
to  you  or  to  the  prosecution,  is  it  any  matler  what  mo- 
tive prompted  the  application  ;  it  was  a  right  secured 
to  him  by  the  law  ;  a  right  which  was  deemed  valuable 
in  its  exercise,  and  which  was  properly  granted  us  by 
this  court ;  you  have,  therefore,  only  to  inquire  into  the 
guilt  or  innocence  of  my  client,  without  regard  to  the 
others  who  stand  charged  in  the  same  indictment  with 
him. 

I  know  not,  gentlemen,  hardly  why  I  stand  here ; 
how  it  is  that  I  am  called  to  defend  Winthrop  S.  Oil- 
man, upon  a  cliarge  of  violating  the  laws  of  his  country. 
r  can  hardly  reconcile  to  myself  the  fact  that  I  am  here 
to  defend,  and  you  there  to  try  this  individual  for  an 
alleged  crime  ;  a  man  who  in  all  the  relations  of  life 
is  respected,  beloved,  and  honored,  who  has  proven  the 
most  dutiful  of  sons,  the  kindest  and  most  affectionate 
of  husbands  and  fathers,  the  most  faithful  of  friends,  the 
most  valued  as  a  neighbor  and  citizen,  honored  as  a 
public  benefactor,  and  whose  memory  will  be  cherished 
in  grateful  remembrance  for  his  many  acts  of  private 
and  public  benevolence,  while  that  of  liis  persecutors 
will  have  been  forgotten,  or  only  spoken  of  with  pity 
and  contempt.     The  best  evidence  in  the  power  of  my 

5* 


54  ALTON    TRIALS. 

client  to  offer  you  of  his  confidence  in  the  purity  and 
uprightness  of  his  motives,  the  innocence  of  his  acts 
and  the  justice  of  his  cause,  and  of  the  integrity  and 
imparliahty  of  those  by  whom  he  is  to  be  tried,  is  that 
he  has  committed  his  defence  to  the  hands  of  a  junior 
counsel.  In  that  confidence,  gentlemen,  I  most  fully 
participate  ;  but  it  would  be  criminal  in  me  were  I  to 
deny  that  I  enter  upon  the  discharge  of  my  duty  with 
the  liveliest  solicitude,  for  it  is  neither  the  evidence  or 
the  law,  nor  the  strength  of  the  learned  and  able  counsel 
that  is  to  enforce  it,  that  we  are  to  contend  against.  No  ! 
we  have  other  and  more  formidable  antagonists  ;  it  is 
the  rumor  which  has  floated,  the  prejudice  which  exists, 
and  the  calumny  which  has  been  so  industriously  cir- 
culated throughout  this  community  previous  to  this 
trial.  You  will  therefore  pardon  me  when  I  assure 
you,  that  I  am  not  without  one  lingering  apprehension 
as  to  the  safety  of  my  client,  and  that  is  lest  you  should 
have  unconsciously  imbibed  that  poison  which  has  been 
so  widely  diffused ;  but  when  I  say  this,  let  no  one  oi 
you  understand  me  as  casting  the  least  doubt  upon 
either  his  integrity  or  his  judgment;  in  both  I  have  the 
most  unlimited  confidence,  for  I  know  3'ou  to  be  up- 
right, intelligent,  and  honest ;  but  you  were  created  men 
before  you  were  appointed  to  be  jurors,  and  we  tremble 
lest  in  your  hearts  you  entertained  prejudices  which 
may  have  been  imbibed  in  ignorance,  but  now  cherished 
almost  as  virtues.  I* ask  you,  therefore,  gentlemen,  to 
make  a  strong  effort  to  rise  above  all  extraneous  consid- 
erations, and  divesting  yourselves  of  every  thing  like 
prejudice  or  partialit}'-,  to  give  to  the  testimony  and  the 
la,w,  applicable  to  this  cause,  a  fair  and  candid  review, 
and  see  if  you  will  not  be  warranted  by  both  in  arriving 
to  the  same  conclusion  that  we  have  ;  that  the  defend- 
ant acted  under  a  fair  and  honest  conviction  that  he  was 
doing  right ;  that  he  was  in  the  discharge  of  his  duty 
to  himself  in  defending  his  property,  and  liis  duty  to  his 
country  in  maintaining  her  laws.  Let  me  then  call  your 
attention  in  the  first  place  to  the  indictment,  which  con- 


ALTON    TRIALS.  55 

tains  two  counts.  In  the  first  you  will  perceive  that  the 
defendant,  with  others  who  are  therein  named,  is  charg- 
ed with  having  "  resisted  and  opposed  with  force  and 
arnns,  violently,  tumultuously,  and  unlawfully,  an  at- 
tenfipt  of  certain  persons  unknown,  to  break  up  and 
destroy  a  printing  press,  the  property  of  the  said  de- 
fendant, and  one  Benjamin  Godfrey."  By  the  second 
count,  the  offence  is  somewhat  varied,  and  the  prosecu- 
tion have  charged  that  he,  with  certain  other  individuals, 
with  force,  unlawfull}?-,  and  in  a  violent  and  tumultuous 
manner,  ^^  defended  audi,  resisted''^  an  attempt  then  and 
there  being  made  by  divers  persons  unknown,  to  break 
open  and  enter  a  storehouse  of  the  said  defendant,  and 
Benjamin  Godfre3\  Thus  you  will  perceive  that  the 
government  have  alleged  that  the  property  was  in  us,  and 
that  the  defence  was  made  for  the  protection  of  our  own 
rightful  property  ;  and  all  the  offence  for  which  my  client 
is  here  arraigned,  and  for  the  trial  of  which  you  are 
there  empannelled,  consists  in  the  fact  that  he  found  it 
necessary  to  use  force  and  arms  in  his  own  defence,  and 
that  defence  was  made  in  a  violent  and  tumultuous 
manner.  All,  therefore,  gentlemen,  that  you  have  to 
inquire  into  is,  the  manner  in  which  this  defence  was 
made  ;  this  is  the  true  issue  before  you,  and  upon  it  the 
acquittal  or  conviction  of  my  client  must  rest.  The 
people  have  charged  us  with  making  this  defence  in  a 
violent  and  tiUTiultuous,  and  therefore  in  an  unlawful 
manner  ;  we  reply,  and  we  ask  you  from  the  testimony 
to  believe,  that  there  was  no  tumult  on  our  part — thai 
the  violence  we  made  use  of,  was  but  proportionate  to 
the  attack  we  were  compelled  to  resist,  and  necessary 
to  our  protection,  and  therefore  justified;  but  before 
[  proceed  to  consider  the  grounds  of  our  defence,  let  me 
say  to  you  Avhat  in  my  opinion  it  is  necessary  for  the 
prosecution  to  show,  before  they  can  ask  vou  to  convict 
this  defendant — they  must  prove  to  you  the  time  whf^n, 
tlie  place  where  the  act  was  committed,  and  that  the 
manner  in  which  the  act  was  done  was  tumultuous. 
Have   thev  done   so?     Have  thev  sliown  this  defence 


ALTON    TRIALS.  56 

€tnd  resistance  of  which  they  complain  to  have  been 
made  at  the  time  and  in  the  place  alleged  ?  Who  has 
sworn  to  it  ?  Who  has  told  you  when  1  Who  has  told 
you  where  ?  What  witness  has  proven  to  you  that  this 
transaction  took  place  within  the  Corporate  Limits  of 
the  City  of  Alton  ?  I  call  upon  the  two  learned  gentle- 
men who  are  to  reply  to  me,  to  answer  ;  and  to  name 
if  they  can  that  individual  who  stated  in  his  testimony 
before  you,  that  the  offence  charged  was  committed  in 
the  City  of  Alton.  If  each  and  every  one  of  these  facts 
are  not  distinctly  and  unequivocally  proven,  the  founda- 
tion of  this  prosecution  fails  and  the  whole  superstruc- 
ture must  tumble  to  the  ground  ;  for  unless  this  offence 
was  committed  within  the  Corporate  Limits  of  this 
City,  neither  this  Court  or  the  Grand  Jury  who  have 
presented  this  bill  have  any  jurisdiction  of  the  matter. 
Remember  you  are  sitting  in  judgment  upon  the  liberty 
and  reputation  of  a  fellow  man,  and  the  law  requires 
you  in  the  discharge  of  your  duty,  either  to  acquit  or 
convict  from  the  testimony  that  is  adduced  before  you  ; 
you  are  not  to  arrive  at  any  fact  by  deduction,  and  be- 
cause the  government  prove  to  you  one  circumstance 
you  are  not  therefore  to  presume  another;  it  therefore 
lies  with  the  prosecution  to  show  you  that  each  allega- 
tion in  their  bill  is  true,  and  if  the}^  have  failed  so  to  do, 
you,  from  any  knowledge  you  or  either  of  you  may 
possess  separate  and  distinct  from  the  testimony,  can- 
not supply  it ;  you  are  there  as  judges  of  crime  from 
the  facts  proved  ;  as  jurors,  you  can  nothing  of  your- 
selves, for  you  are  not  brought  here  as  witnesses,  but 
as  impartial  men  selected  to  stand  between  my  client 
and  the  prosecution,  and  sworn  to  try  the  issue  upon 
the  law  and  the  facts  as  submitted  to  you.  If  there- 
fore in  your  opinion  the  people  have  failed  in  proving 
any  material  allegations  in  their  indictment, *no  matter 
liow  unnecessary  it  was  that  they  should  have  made 
them  ;  I  claim  the  benefit  to  be  derived  from  such 
omission.  I  waive  no  right,  I  release  no  error,  I  admit 
nothing  that  is  not  proved  ;  standing  upon  all  my  rights- 


ALTON    TRIALS.  57 

T  ask  at  your  hands  an  acquittal  of  my  client,  not  indeed 
through  the  imperfection  of  the  testimony  upon  the  part 
of  the  people,  but  upon  the  merits  ;  admitting  them  to 
have  proven  all  they  were  bound  to  before  you  could 
convict ;  but,  gentlemen,  whatever  your  verdict  may  be, 
the  defendant  will  go  hence  as  he  came  here,  with  a 
pure  conscience.  Yes,  in  the  sight  of  God,  in  the 
sight  of  the  world,  he  can  lay  his  hand  upon  his  heart 
and  fearlessly  avow  his  innocence.  Your  verdict  may 
indeed  stamp  upon  him  the  semblance  of  guilt,  you  may 
declare  that  his  name  shall  be  enrolled  upon  the  records 
of  this  court  as  a  felon,  you  may  doom  him  to  unmer- 
ited punishment  and  consign  his  person  to  a  dungeon 
within  the  walls  of  your  prison.  These  things  in  the 
exercise  of  our  power  you  may  do,  but  you  cannot  take 
from  him  an  unsullied  reputation,  a  high  and  unim- 
peachable character  for  honor  and  integrity  ;  you  can- 
not disturb  him  in  the  possession  of  a  conscience  free 
from  stain,  from  pollution,  from  guilt,  a  conscience  void 
of  offence  towards  all  mankind. 

In  the  further  remarks  which  I  shall  make  to  you, 
(for  I  already  perceive  that  my  strength  fails  me.)  J 
shall  scrupulously  abstain  from  allusion  to  the  events 
of  the  exciting  past.  I  shall  not  recite  to  you  the 
dreadful,  yes !  the  fearful  scenes  of  the  memorable 
night  of  the  7th  November — memorable  to  all  after 
time  as  a  period  when  men  could  be  found  to  throw 
away  life  in  an  attack  upon  another's  property — and 
when  your  streets  were  crimsoned  with  the  blood  of 
those  gallant  and  undaunted  few  who  had  rallied  for  its 
defence  ;  nor  shall  I  ask  you  to  travel  with  me  in  ima- 
gination onward  to  the  future  and  conjecture  the  conse- 
quences of  your  verdict — the  good  or  the  evil  to  this 
community  and  to  posterity,  as  you  may  uphold  law 
or  sanction  licentiousness  ;  far  be  it  from  me  uiuieces- 
sarily  to  recur  to  an  event  which  has  made  us  as  a  peo- 
ple a  bye-word  and  a  reproach  to  the  whole  Union  ;  but 
on  the  contrary,  would  to  God  that  by  any  act  of  mine 
I  cowld  pour  upon  the  troubled  waters  of  this  excite- 


58  ALTON    TRIALS. 

iTient  the  oil  of  reconciliation — and  could  restore  to  this 
once  happy  and  united  people  that  peace  and  unity  of 
action  with  which  but  a  few  months  since  they  w'ere 
blessed ;  but  I  cannot  do  it ;  the  seeds  of  discord  are 
too  deeply  sown  to  be  uprooted  by  human  effort,  and 
time  can  alone  allay  the  raging  of  those  worst  passions 
of  the  human  heart  which  to  us  has  been  attended  with 
such  lamentable  consequences.  I  stand  here,  gentle- 
men, solely  for  the  purpose  of  interposing  the  shield  of 
the  law  as  a  protection  to  a  man  innocent  of  the  crime 
alleged  against  him — not  to  screen  the  guilty.  I  have 
shut  no  fact  from  this  jury — have  objected  to  none  of 
the  disclosures  which  have  been  made — resolved  from 
the  beginning  the  whole  facts  should  appear  in  this  in- 
vestigation whether  it  made  for  us  or  against  us  ;  to  you 
they  have  been  given  fully,  clearly,  and  I  have  no  doubt 
impartially ;  and  I  am  perfectly  w^illing  that  my  client 
should  be  judged  by  you  and  by  the  world — by  the  de- 
velopment that  the  witnesses  have  made ;  and  I  com- 
mit into  your  hands  his  case  with  entire  confidence  in 
the  issue.  But  the  prosecuting  Attorney  has  read  to 
you  a  section  of  the  criminal  code  of  this  State  which 
he  contends  regulates  the  only  manner  in  which  a  citi- 
zen shall  defend  his  property  ;  and  one  w^ould  almost 
think  he  had  worked  himself  into  the  belief  that  the  in- 
alienable right  of  defending  one's  person  and  property 
was  not  a  natural  right  founded  in  nature  and  sanction- 
ed by  law  ;  but  that  in  compassion  to  human  frailty  the 
law  had  kindly  permitted  its  occasional  exercise,  pro- 
vided that  when  exercised  due  regard  was  paid  to  all 
the  forms  and  ceremonies  prescribed  in  your  statute  ; 
but  I  care  not  what  the  criminal  code  of  Illinois  may 
be  ;  I  care  not  what  is  contained  therein,  provided  it  is 
in  violation  of  the  Constitution  of  this  State  or  of  the 
United  States.  Such,  gentlemen,  I  contend  is  the  fact 
in  this  case  ;  I  aver  before  you,  fearless  of  contradiction, 
that  the  extraordinary  section  of  the  criminal  code  un- 
der which  the  City  Attorney  seeks  to  convict  my  client 
is  in  direct  violation  of  the  Constitutions   both  of  the 


ALTON    TRIALS.  59 

Uiiiled  States  and  of  the  State  of  Illinois  ;  and  as  you 
are  in  criminal  matters  the  sole  judges,  both  of  the  law 
and  the  facts,  and  by  your  verdict  must  determine  tlu- 
correctness  or  fallacy  of  my  position,  I  will  call  your 
attention  to  the  5th  Article  of  the  Amendment  to  the 
Constitution  of  the  United  Slates,  which  declares  that 
"no  person  shall  be  deprived  of  life,  hberty,  or  proper- 
ty, without  due  process  of  law."  I  turn  then  to  your 
own  Constitution,  which  in  the  1st  section  of  the  8th 
Article  declares,  that  "  all  men  have  certain  inherent 
and  indefensible  rights ;  among  which  are  those  of  eu* 
joying  and  defending  life  and  liberty,  and  of  acquiring, 
possessing,  and  protecting  property  and  reputation  ;'* 
and  in  the  8th  section,  same  article,  that  "no  freeman 
shall  in  any  manner  be  deprived  of  his  life,  liberty,  or 
property,  but  by  the  judgment  of  his  peers  or  the  laws 
of  the  land."  I  call  your  attention  gentlemen  to  these 
sections  of  the  two  Constitutions,  and  leave  them  for 
your  consideration  without  further  comment,  satisfied 
that  with  me  you  will  agree  that  the  Legislature  of  our 
State  in  the  enactment  of  this  law  have  violated  (unin- 
tentionally) the  Constitution  both  of  this  State  and  the 
United  States.  Having  in  my  humble  opinion  dispo- 
sed of  the  law  satisfactorily  to  you,  to  whicli  the  pro- 
secuting Attorney  has  called  your  attention,  and  upon 
which  he  relies  to  sustain  this  indictment,  the  only 
question,  gentlemen,  now  left  for  you  to  determine  is, 
whether  Mr.  Oilman  on  the  night  of  the  7ih  November 
last,  was  or  was  not  employed  in  the  exercise  of  his 
constitutional  right  in  resisting  an  unlawful  attack  upon 
his  property  and  an  attempt  to  take  his  life.  The  in- 
dictment charges  the  fact  that  he  was  engaged  in  de- 
fending a  certain  printing  press  then  being  in  his  ware- 
house ;  and  the  prosecuting  Attorney  since  the  com- 
mencement of  this  trial  has  seen  fit  to  insert  in  the 
indictment  that  the  said  printing  press  was  the  property 
of  my  client  and  one  Benjamin  Godfrey;  to  accommo- 
date him,  therefore,  and  in  order  that  he  may  sustain 
tliis  inserted  allegation,  we  admit  the  ownership  and 


60  ALTON    TRIALS. 

claim  the  allegation  as  a  true  one.     Let  me  now  for  a 

single  moment  recur  to  the  testimony,  and  see  if  it  does 
not  clearly  and  unequivocally  show  that  Mr.  Oilman  in 
every  instance  on  the  night  of  the  7th  acted  only  on  the 
defensive,  and  that  too  after  he  had  used  every  persua- 
sive means  in  his  power  to  induce  the  belligerents  to 
retire.  Mr.  Keating,  the  first  witness  introduced  by 
the  prosecution,  swears  that  he  heard  of  the  intended 
attack  upon  the  warehouse  of  Godfrey  &  Oilman,  and 
that  the  rumor  was,  that  the  same  was  to  be  blown  up 
or  burned,  provided  the  press  stored  in  it  could  not  be 
obtained  by  other  means — that  in  the  forepart  of  the 
evening,  about  a  half  or  three-quarters  of  an  hour  be- 
fore any  attack  was  made  upon  the  building,  he  and 
Mr.  West  went  to  the  warehouse  of  Mr.  Oilman  with 
a  view  of  informing  him  of  the  attack  and  the  conse- 
quences that  would  result  from  it — that  they  did  com.- 
municate  to  him  the  intelligence,  and  that  he  expressed 
great  astonishment — that  he  was  unprepared  and  did 
not  expect  an  attack  that  night — that  he  replied  he 
could  not  believe  the  citizens  of  Alton  would  stand  by 
and  see  such  a  thing  done — and  that  he  requested  Mr. 
West  to  proceed  to  the  Mayor's  office  and  request  him 
to  rally  the  law-abiding  portion  of  the  community  in 
order  to  suppress  the  riot.  He  further  states  to  you, 
that  shortly  after  he  left  the  building  the  mob  assem- 
bled and  made  the  attack  by  dashing  in  the  windows 
with  stones,  and  that  before  any  gun  was  fired  from 
within,  a  gun  and  a  pistol  had  been  discharged  on  the 
outside  by  the  mob,  and  that  not  until  the  assailants 
had  twice  fired  did  those  within  resort  to  their  arms  for 
the  protection  of  their  lives.  Mr.  West,  who  was  the 
next  witness  on  behalf  of  the  people,  also  fully  and  in 
every  respect  corroborates  the  testimony  of  Mr.  Kea- 
ting, and  tells  you  further,  that  John  Solomon  called 
upon  him  early  in  the  evening  and  told  him  he  (Solo- 
mon) Imew  that  Mr.  Gihiian's  building  was  to  be  blown 
up  or  burnt  up  that  night  if  the  press  could  not  be  had, 
and  urged  Mr.  West  to  inform  Mr.  Oilman  of  the  same. 


ALTON    TRIALS.  61 

Thus  you  will  perceive,  gentlemen,  that  the  property 
(valued  at  thousands  of  dollars)  and  the  life  of  my  cli- 
ent was  coolly  and  deliberately  determined  upon  by  the 
mob  some  two  or  three  hours  at  least  before  their  at- 
tack upon  the  warehouse  of  this  defendant.  Can  you 
then  doubt,  if  the  witnesses  for  the  prosecution  have 
testified  to  the  truth,  who  were  the  assailants  ?  Can 
you  for  a  moment  doubt  but  that  the  firing  commenced 
first  with  the  mob ;  and  that  it  w^as  their  fixed  and  ma- 
tured determination  not  only  to  destroy  the  property 
but  the  life  of  my  client  and  his  associates  ?  If  then 
the  attack  was  first  made  from  without  both  with  stones 
and  firearms,  and  the  assailants  had  coolly  determined 
upon  blowing  up  the  warehouse  and  its  eighteen  in- 
mates, do  you  believe  the  defence  that  was  made  by 
my  client  was  disproportionate  to  the  attack  ?  do  you 
believe  that  it  was  greater  than  any  man  in  the  exercise 
of  his  reasoning  faculties  would  have  adopted  ?  If  you 
do  not,  I  then  in  behalf  of  this  defendant  place  myself 
upon  my  reserved  rights — I  plant  myself  upon  the  rock 
of  the  Constitution — I  interpose  before  my  client  that 
instrument  as  his  shield  ;  and  protected  by  its  letter, 
guarded  by  its  spirit,  I  bid  defiance  to  the  statute  the 
prosecutor  has  produced,  and  laugh  to  scorn  the  indict- 
ment he  has  read  to  you. 

But  if,  gentlemen,  I  have  failed  to  satisfy  you  upon 
this  point,  I  ask  you  to  gi*ant  me  your  indulgence  a  mo- 
ment longer,  while  T  take  another  view  of  this  case.  It 
is  in  evidence  before  you  that  Mr.  Oilman  repeatedly 
sought,  from  the  Mayor  of  our  City,  authority  to  act  as 
he  was  at  last  compelled  to — that  frequent  and  long 
were  the  interviews  had  with  the  Mayor  upon  that  sub 
ject — and  that  he  had  stated  to  Mr.  Krum,  that  he  w^as 
anxious  that  whatever  act  w^as  done  in  the  protection  of 
the  press,  should  be  done  under  the  sanction  of  the 
law,  and  by  virtue  of  authority  derived  from  an  officer 
of  the  law  ;  that  on  the  night  of  the  6th,  just  preced- 
ing that  of  the  riot,  the  Mayor  was  present  in  his  offi- 
cial capacity  at  the  warehouse  of  my  client,  and  that, 

6 


62  ALTON    TRIALS. 

upon  the  question  being  asked  him  what  course  he  in- 
tended to  pursue  if  the  attack  should  be  made  while 
landing  the  press,  he  replied,  he  should  order  the  mob 
to  disperse,  and  warn  them  of  the  consequences  if  they 
did  not  ;  and  that,  if  they  then  still  persisted,  and  his 
injunctions  were  disregarded,  he  should  peremptorily 
give  Mr.  Oilman  and  his  associates  orders  to  fire  upon 
the  assailants.  But  again,  we  have  further  shown  to 
you,  that  on  that  night  after  the  press  was  landed  and 
placed  in  the  warehouse,  the  Mayor  advised,  or  assent- 
ed, to  an  arrangement,  by  virtue  of  which  that  ware- 
house and  that  printing  press  was  to  be  guarded  by 
those  whom  he  knew  had  assembled  for  the  avowed  and 
isolated  purpose  of  protecting  it.  We  have  also  shown 
to  you,  that  on  the  night  of  the  7th,  which  resulted  in 
the  loss  of  two  lives,  when  the  Mayor  went  into  the 
buildincr,  at  the  solicitation  of  the  mob,  to  endeavor  to 
persuade  those  within  to  give  up  the  press,  and  after  the 
death  of  Bishop  had  occurred,  he  was  then  and  there 
again  interrogated  by  Mr.  Gilman,  whether  he  had  acted 
under  the  authority  of  the  law,  and  was  justified  in  what 
had  been  done,  and  that  to  such  mquiry  Mr.  Krum.  replied 
in  the  affirmative  ;  and  although  the  Mayor  unqualifiedly 
testified  that  such  advice  was  given  Mr.  Gilman  as  a 
citizen  and  a  friend,  and  as  one,  who,  from  his  profes- 
sion, was  conversant  with  the  law  and  the  rights  of  my 
client  under  it,  and  not  in  his  official  capacity  as  Mayor, 
he  has,  nevertheless,  also  stated  to  you,  that  from  the 
knowledge  he  possessed  of  all  the  facts,  he  did  believe 
that  Mr.  Gilman  supposed  he  was  acting  imder  his  ofi^- 
cial  authority.  And  is  it  not  natural,  gentlemen,  that 
he  should  have  so  supposed  ?  In  all  these  interviews 
had  by  him  with  Mr.  Krum,  the  uniform  advice  given 
him  was,  that  defence  might  lawfully  be  made,  and  that 
if  requisite  for  completing  iliat  defence,  firearms  might 
legally  be  resorted  to,  and  even  life  taken,  and  that  the 
act  would  be  justified  by  the  law.  Why,  let  me  ask 
you,  should  Mr.  Gilman,  Lovejoy,  and  others,  hold  these 
repeated  interviews  witli  Mr.  Krum  ?     If  they  sought 


ALTON    TRIALS.  63 

his  advice  merely  as  a  lawyer,  or  a  friend,  or  a  citizen, 
would  it  not  have  proven  sufficient  for  them  that  he  had 
given  it  to  them,  clearly  and  unequivocally,  during  the 
first  interview  ?  Why  these  constant  applications  to 
iiim  at  every  step  they  took,  and  why  this  great  solici- 
tude on  their  part  to  have  their  every  act  sanctioned  with 
his  approbation  ?  The  reason  is  a  most  obvious  and  irre- 
sistible one  :  it  was  because  he  was  the  highest  civil 
officer  within  their  reach  ;  clothed,  as  they  believed, 
with  full  power  to  gvanl  them  the  authority  subsequent- 
ly exercised  by  them,  and  because  they  were  anxious  and 
determined  that  notlnng  should  be  done  on  their  part, 
in  the  way  of  resistance  or  defence,  vuiless  under  his 
authority  and  with  his  consent.  And  then,  too,  (that 
this  matter  may  be  placed  beyond  any  doubt  as  to  the  firm 
belief  of  my  client  that  he  wels  acting  only  the  part  of  a 
subordinate  to  the  Mayor,)  let  me  recur  to  the  conver- 
sation in  the  store,  after  Bishop's  death.  When  an  ap- 
plication was  made  to  him  to  remain  on  the  inside  with 
them,  what  was  his  reply  ?  "  I  would  if  I  did  not  think 
I  could  do  more  good  out  of  doors."  Did  he  then  dis- 
claim all  connection  with  them  in  his  official  capacity, 
and  give  them  to  understand  that  they  were  acting  with- 
out his  authority,  and  upon  their  own  responsibility ; 
or  was  his  reply  such  as  to  leave  them  under  the  con 
viction  that  they  were  acting  under  the  authority  of  the 
law  ?  To  my  mind  this  combination  of  facts  is  proof 
most  conclusive,  that  this  defendant,  naturally,  fairly 
and  honestly  supposed  he  had  the  authority  of  that  offi- 
cer for  his  every  act ;  and  if  you,  gentlemen,  should  so 
also  believe,even  though  you  wholly  disregarded  his  con- 
stitutional rights,  you  are  then  bound  to  acquit  him,  for 
it  negatives  most  fully  every  idea  of  a  criminal  intent^ 
and  without  which  no  man  can  be  convicted  of  crime. 
Never  was  there  a  man  arraigned  before  a  jury  of  his 
country  who  more  conclusively  showed  his  innocence, 
not  only  in  acts,  but  in  word  and  thought,  than  has  my 
client,  and  he  stands  before  his  God  and  the  world,  if 
the  testimony  in  this  cause  can  have  any  weight,  purged 


64  ALTON    TRIAL?. 

of  even  the  shadow  of  guilt,  and  with  a  reputation  ren- 
dered, if  possible,  more  bright  and  enviable  than  he 
possessed  before  this  indictment  was  preferred  against 
him.  But  I  fear,  gentlemen,  I  am  tasking  your  pa- 
tience beyond  endurance,  and  exhaustion  on  my  part 
admonishes  me  that  I  must  draw  to  a  close,  notwith- 
standing there  are  several  points  to  which  it  was  my 
intention  to  have  invited  your  notice.  I  am  fully 
sensible  that  I  have  done  the  cause  of  my  client  but  lit- 
tle justice,  but  am  consoled  by  the  reflection  that  the 
injury  I  have  done  him  will  be  more  than  repaired  by 
the  talents,  the  experience,  and  the  eloquence  of  my 
associate,  who  w^ill  close  the  argument  in  his  behalf. 
All  that  is  left  me  to  say  is,  that  I  would  be  doing 
the  most  gross  injustice  to  my  feelings,  did  I  not  return 
you,  gentlemen,  my  most  sincere  acknowledgements  for 
the  patience  with  which  you  have  listened  to,  and  tlie 
attention  you  have  given  my  unconnected  remarks. 
I  fear  that  in  the  course  of  them  I  may  iiave  displayed 
an  overheated  zeal  and  a  warmth  of  feeling  that,  in  your 
opinion,  was  unjustifiable  ;  if  so,  do  not,  I  beseech  you, 
gentlemen,  let  it  prejudice  the  rights  of  my  client.  I 
could  not  avoid  it.  It  is  not  by  mere  professional  ties 
that  I  am  connected  with  him  ;  I  am  bound  to  him 
by  the  strongest  and  most  enduring  ties  of  friend- 
ship ;  a  friendship  w^hich  may  have  had  its  foundation 
in  repeated  and  unsolicited  acts  of  kindness,  bestowed 
upon  me  when  I  most  needed  them,  but  which,  I  am 
proud  to  declare,  has  been  matured  and  strengthened 
by  a  subsequent  knowledge  of  his  virtues  ;  and  never 
can  I  bring  my  mind  to  believe  that,  possessed  as  he  is 
of  all  those  ennobling  qualities  which  have  rendered 
him  a  model  of  social  and  domestic  virtue,  he  could 
so  far  have  forgotten  himself  as  to  have  committed  the 
crime  with  which  he  stands  charged  by  this  indictment. 
By  request  of  Mr.  Bailey,  who  appeared  in  the  trial 
of  this  cause  as  one  of  the  counsel  for  the  Govern- 
ment, and  who  followed  Mr.  Davis  in  an  address  to  the 
jury^his  remarks  are  not  included  in  this  report  of  the  trial. 


ALTON  trials!  65 

Remarks  of  Alfred  Covvlcs,  Esq.  for  defendant. 

Gentlemen  of  the  Jury  :  the  case  which  you  are  em- 
pannelled  to  try,  is  one  of  no  common  occurrence,  wheth- 
er it  be  considered  in  respect  to  its  eft'ect  upon  each 
of  us,  upon  individual  security,  properly,  liberty  and 
life  ;  upon  the  right  of  free  discussion,  upon  the  ([iies- 
lion  whether  the  law  and  constitution  shall  be  the  par 
amount  rule  of  action ;  or  whether  misrule  and  the  un 
licensed  will  of  an  irresponsible  multitude  shall  hence- 
forth be  our  governing  authority. 

The  issue  of  this  trial  is  to  write  the  character  of 
this  community  in  no  illegible  impress,  but  in  one  that 
will  be  known,  understood  and  appreciated  of  all  men ; 
it  will  be  either  of  a  returning  sense  of  justice,  a  respect 
to  law  and  the  obligations  of  civilized  society  ;  or  a 
closing  over  of  our  sky  with  a  dark  and  portentous 
cloud  pregnant  with  future  ill. 

In  approaching  the  defence  of  the  very  respecta- 
ble gentleman,  who  stands  at  the  bar  as  a  prisoner  and 
a  culprit,  the  question  of  his  guilt  in  itself  considered, 
in  comparison  of  other  and  more  important  results, 
shrinks  into  insignificance.  In  conducting  his  defence 
I  feel  that  T  am  defending  the  supremacy  of  law  and 
constitution,  the  sacred  right  of  individual  opinion,  of 
free  discussion,  and  of  self  defence,  against  unbridled 
lawless  violence  :  I  then,  after  hearing  the  evidence,  am 
aflfected  with  tiie  same  surprise  as  was  expressed  by 
one  of  your  fellow  jurors,  who  on  his  being  examined 
touching  his  qualification  to  sit  on  the  traverse,  re- 
marked that  he  did  not  understand  how  a  man  could  be 
indicted  for  defending  his  own  property  ;  nor  could  I 
conceive  how  any  man  in  the  warehouse  could  be  in- 
dicted, much  less  that  the  defendant,  the  builder  and 
owner  of  the  warehouse,  and  who  in  the  legal  defence 
of  that  warehouse  and  the  property  within  it,  in  whicli 
he  had  a  general  or  special  ownership,  could  be  sub- 
jected to  penal  consequences — but  this  strange  attitude 
is  exhibited  in  the  person  of  the  defendant — standing  in 
defence  of  property,  liberty  and  life — in  which  defence 

6* 


66  ALTON    TRIALS. 

the  blood  of  an  innocent  victim  had  been  shed  to  satis- 
fy the  insatiable  passion  of  a  lawless  multitude,  unpar- 
alleled in  atrocity. 

The  very  act  of  indicting  this  individual  and  his  as- 
sociates, supposes  that  their  acting  upon  the  defensive 
was  criminal. 

This  right  of  self-defence  addresses  itself  to  this 
jury,  and  if  by  your  verdict  vou  pronounce  him  guilty, 
you  deny  it  to  the  defendant,  and  in  eifect  say  that  the 
armed,  excited,  ruthless  multitude  without,  had  the 
right  to  judge  upon  the  individual  rights  of  the  priso- 
ner— and  to  carry  out  that  judgment  to  a  forcible,  un- 
restricted execution. 

It  is  then  to  you  that  we  appeal,  as  the  barrier  and 
rampart,  behind  w^hich  liberty  and  law  may  intrench 
itself — and  against  which  the  waves  of  misrule  and  dis- 
order may  beat  in  vain.  In  protecting  this  defendant 
you  are  defending  yourselves,  3'ou  are  restoring  peace 
and  security  to  this  much  injured  community. 

By  what  tenure  do  we  hold  our  property  and  lives, 
if  not  by  the  organization  of  society  ?  Are  we  to  go 
back  to  an  unorganized  condition  and  be  subjected  to 
brute  force  and  unprincipled  will  ?  or  shall  we  throw 
around  us  the  shield  of  the  constitution  ?  You  will 
answer  by  your  verdict. 

By  an  amendment  to  the  Constitution  of  the  United 
States,  the  right  of  every  citizen  to  keep  and  bear  arms 
is  secured ;  the  fact  then  that  the  prisoner  and  his  as- 
sociates had  arms  within  the  warehouse  was  in  no 
sense  criminal ;  especially  when  it  appears  from  the 
testimony  that  they  were  advertised  of  meditated  and 
threatened  violence  from  without ;  and  when  the  same 
force  had  distinguished  itself  by  its  triumphs  over  the 
freedom  of  speech  and  of  the  pi'ess  in  the  destruction 
of  other  printing  presses. 

By  the  Constitution  of  this  State,  p.  45,  ^  it  is 
provided,  "that  no  person  shall  be  deprived  of  his  life, 
liberty,  or  property,  but  by  the  judgment  of  his  peers, 
or  the  law  of  the  land."      The  violation  of  this  provi- 


ALTON    TRIALS.  67 

sion  of  the  Constitution  in  the  attack  upon  the  life  and 
property  of  the  prisoner  is  manifest ;  so  much  so,  that 
he  that  runs  may  read ;  unless  it  be  assumed  that  the 
violators  of  law  and  order  were  his  constitutional  peers! 

It  is  proved  that  Mr.  Oilman  and  his  partner  owned 
the  warehouse,  and  received  the  Observer  press  for  safe 
keeping  on  storage,  and  being  responsible  to  the  actual 
owner,  had  such  a  property  in  it  as  justified  him  in  re- 
sisting force  by  force.  The  law  knows  no  difference 
whether  the  property  be  general  or  special  in  regard  to 
the  right  of  defending  it,  or  in  regard  to  criminal  liabil- 
ity for  invading  it. — Archhold. 

But  it  may  be  argued  by  the  Attorney  General  that 
the  press,  which  was  the  object  of  attack  and  defence, 
was  intended  to  promulgate  principles,  and  discuss  sub- 
jects, which  many  citizens  repudiated ;  and  therefore 
the  right  to  destroy  the  press  was  complete  !  and  that 
any  means  might  be  used  to  accomplish  that  end. 

We  again  recur  to  our  Constitution,  at  ^  ,  which 
provides  "  that  no  law  shall  ever  be  passed  to  impair 
the  freedom  of  speech  or  the  liberty  of  the  press,  and 
that  every  citizen  may  freely  speak,  write,  and  print, 
being  responsible  for  the  abuse  thereof."  Is  this  a  re- 
sponsibility to  a  mob  !  or  to  the  judicial  tribunals  of  the 
country,  the   peers  of  the  person   charged  with  abuse? 

In  this  land  of  constitutional  immunity,  freedom 
of  speech  and  the  press,  it  is  reserved  for  those  living 
under  that  immunity,  to  supervise  the  press,  and  pre 
scribe  what  shall,  and  what  shall  not  be  printed  ;  and 
even  whether  the  press  in  a  given  place  shall  exist  ! 
Thus  arrogating  to  themselves  a  power,  which  only 
exists  in  acknowledged  arbitrary  governments  !  The 
exercise  of  which  power  is  the  most  effective  instru- 
ment of  despotism  ;  and  this  power  is  assumed  by 
some  that  call  themselves  the  democracy  of  the  coun- 
try dyed  in  the  wool. 

What  but  the  exercise  of  this  power  in  France  and 
Germany  is  it,  that  has  stifled  the  spirit  of  liberty  in 
tlio^e  countries,  and  perpetuated  the  arm  of  tyranny  ? 


68  ALTON    TRIALS. 

This  interference  with  the  Hberty  of  the  press  is  one 
that  American  citizens  will  not  brook  or  give  place  to  ; 
nor  will  they  yield  that  to  an  irresponsible  multitude,  of 
which  their  Legislature  could  not  deprive  them  I  This 
is  their  political  aegis. 

Are  these  reservations  in  behalf  of  the  people,  pre- 
served in  an  American  Constitution  to  be  an  idle  and 
unmeaning  principle  1  And  shall  it  be  in  vain  that  our 
sires  poured  out  their  blood  like  water,  and  left  their 
whiting  bones  scattered  in  many  a  glorious,  w^ell  fought 
field,  to  secure  them  1 

And  shall  their  recreant  sons  yield  up  tamely  this 
best  of  political  gifts  ?  It  is  impossible,  if  any  drop  of 
the  blood  of  their  ancestors  yet  animates  them,  and  un- 
less "judgment  is  fled  to  brutish  beasts,  and  men  have 
lost  their  reason." 

An  examination  of  the  proofs  will  justify  most  fully 
the  accused,  before  this  jury  and  all  who  understand 
the  condition  of  those  defending  the  property.  It  was 
a  case  verily  of  self-defence,  upon  the  most  valid  and 
unquestionable  grounds. 

The  arrival  of  the  press  was  notorious  ;  in  anticipa- 
tion of  its  arrival,  the  prowling  conspirators  against  the 
Constilution  were  on  the  alert;  and  after  its  arrival, 
when  tlic  ]\Iayor  had  been  desired  to  be  present  at  its 
arrival  to  take  measures  for  its  security,  and  had  actu- 
ally superintended  its  landing  and  deposit  at  Godfrey 
&  Oilman's  warehouse,  at  a  late  hour  of  the  night  a 
few  of  their  dark  forms  w^ere  seen  hovering  about  at  a 
distance,  and  the  next  day  developed  fully  the  avowal 
of  their  heartless  and  atrocious  design,  which  w^as  to 
blow  up  or  burn  the  building  where  the  press  w^as  de- 
posited, if  necessary  to  destroy  it.  Not  unapprised  of 
such  an  intention  from  the  conspirators,  but  being  wholly 
incredulous  as  to  its  truth,  that  band  assembled  in  the 
warehouse  on  tlie  fatal  night  of  the  7th,  to  repel  if  ne- 
cessary any  attack  upon  the  house  and  property  of  the 
accused  ;  they  were  fired  upon  from  without  by  at  least 
two  guns  or  pistols  ;  and  showers  of  stones  were  thrown 


ALTON    TRIALS.  69 

into  and  against  the  building  before  any  defensive  act 
was  done  by  those  within  ;  and  as  is  proved  to  you,  such 
was  their  design,  as  avowed  and  agreed  among  them- 
selves. Now  can  it  enter  into  the  mind  of  any  human 
being,  that  these  persons  in  their  aci  of  self-defence, 
were  guilty  of  a  riot  ?  Every  ingredient  of  crime  is  want- 
ing. It  is  apparent  that  no  criminal  intent  existed  in 
their  minds.  By  our  criminal  code,  there  must  exist  a 
joint  operation  of  act  and  intention,  to  constitute  crime  ; 
every  act  of  the  accused  exhibited  a  want  of  criminal 
intention.  It  is  true  the  first  blood  was  shed  by  those 
in  the  defensive ;  but  it  is  equally  true  that  it  was  a  le- 
gitimate and  justifiable  consequence  of  their  exercise  of 
the  right  of  self-defence.  After  Bishop,  one  of  the  as- 
sailants, had  been  shot,  and  those  without  had  been  stim- 
ulated and  infuriated  by  the  use  of  intoxicating  drink, 
freely  administered  at  certain  houses  miscalled  "  coffee 
houses,"  a  second  attack  was  made  upon  the  building, 
and  the  cry  was  raised  to  fire  the  building.  You  have 
seen  that  Mr.  Oilman  in  the  most  kind  and  conciliatincr 
terms  remonstrated  with  those  without,  and  avowed  the 
determination  of  himself  and  friends  to  defend  the  pro- 
perty and  possession  at  the  risk  of  their  lives,  but  that 
they  had  no  desire  to  injure  any  one  without.  This 
reasonable  intimation  served  no  other  purpose  but  to 
produce  a  reiteration  of  the  design  of  the  mob. 

The  Mayor  with  other  civil  officers  appeared,  and  or- 
dered the  rioters  to  disperse  ;  this  was  disregarded  ;  and 
the  Mayor  was  desired  to  enter  the  building  and  pro- 
pose a  capitulation,  and  authorized  to  stipulate  for  those 
without,  that  those  within  should  depart  unharmed  ;  and 
while  this  very  negociation  was  carrying  on,  fire  was 
communicated  to  the  warehouse,  and  those  within  urged 
to  depart  to  save  their  lives  and  prevent  the  warehouse 
from  conflagration.  Mr.  Oilman  was  incredulous,  as 
was  the  Mayor ;  they  had  no  conception  of  the  dark  ma- 
lignity which  actuated  those  without.  The  thing 
threatened  was  incredible !  against  whom  ?  and  for 
what  ? 


70  ALTON    TRIALS. 

Wiuihfop  S.  Gilman  had  been  the  first  man  to  vest 
his  capital  in  Alton  and  give  it  importance  ;  his  patron- 
age had  given  bread  to  many  of  the  inhabitants  of  that 
town ;  he  had  been  with  the  town  in  its  struggling  in- 
fancy, and  its  palmy  state  of  manhood  ;  when  it  had 
been  visited  by  the  "pestilence  that  walketh  in  darkness," 
before  which  the  forms  of  men  were  shrinking  and 
withering,  he  stood  by  a  ministering  angel ;  and  now 
this  population  were  turning  against  him  "  like  dogs 
upon  the  hand  that  fed  them,  to  bite  and  devour."  The 
dark  characters  of  such  deeds  can  only  find  a  parallel 
in  the  regions  below. 

And  for  what  was  all  this  ?  Merely  because  a  dis- 
position had  been  expressed  to  sustain  and  protect  the 
freedom  of  speech  and  of  the  press. 

The  accused  and  his  associates  were  among  those 
most  deeply  interested  in  the  prosperity  of  Alton,  entire 
strangers  to  riot  and  to  that  society  in  which  its  elements 
consisted.  There  was  a  pledge  in  their  character 
which  would  and  ought  to  weigh  deeply  with  the  jury. 
But  they  had  entered  upon  the  subject  after  cool  reflec- 
tion, and  tiieir  determination  was  not  the  result  of  a 
sudden  ebullition  of  passion — but  one  to  which  their 
consciences  pointed  in  fortifying  approbation.  They 
knew  they  were  in  the  exercise  of  a  constitutional  right, 
and  they  felt  that  in  that  respect  they  would  be  jus- 
tified. 'The  public  authorities  had  been  previously  con- 
sulted as  to  their  right  of  self-defence,  and  had  approved 
of  the  assertion  of  that  right,  in  repelling  force  by  force. 
But  what  did  all  this  avail  against  a  mob  ! — there  they 
stood,  that  little  band  ;  within  that  building  there  was 
no  riot,  no  tumult ;  but  that  deep  silence  which  precedes 
great  actions  ! — without  all  was  tumult,  uproar  and  vio- 
lence ;  upon  those  without  the  nerveless  arm  of  the  law 
had  been  exerted  in  vain — within,  the  same  arm  had 
approved  and  justified.  Matters  now  arrived  at  a  crisis  ; 
the  building  was  fired  over  their  heads  and  they  were 
besought  by  some  benevolent  individuals  to  yield  to 
that  lawless  force,  which  they  were  forced  to  do,   to 


ALTON    TRIALS.  71 

save  their  lives,  and  prevent  the  total  destruction  of  the 
building  and  one  hundred  thousand  dollars  in  value  of 
])roperty  within.  And  yet  these  individuals  were  fired 
upon  as  they  fled  from  the  horrors  of  that  night.  And 
the  assailants  entered  the  citadel,  and  destroyed  thai 
press.  Here  was  a  consummation  of  all  that  was  vile 
and  atrocious,  all  that  tyranny  could  inflict,  upon  the 
rights  and  liberties  of  a  free  people.  The  arm  of  the 
law  was  broken,  the  sword  of  justice  trampled  on,  and 
treason  was  perpetrated  in  its  fullest  form.  "  Then  you 
and  I,  and  all  of  us  fell  down,  whilst  bloody  treason 
flourished  o'er  us." 

A  calm  review  of  this  transaction  cannot  but  justify 
the  defendants — on  the  ground  of  a  want  of  criminal 
intention  as  a  legal  justification.  It  is  laid  down  in 
authors  of  the  highest  authority  in  criminal  law,  that  a 
man  may  assemble  his  friends  in  his  own  house  to  pre- 
vent an  unlawful  entry,  or  to  protect  his  property  therein. 
1  Russel  on  Crimes,  vol.  1,  p.  254.  Hawkins'  Pleas  of 
the  Crown  Book,  v,  1,  ch.  65,  p.  158.  This  right  is  by 
the  law  of  nature,  aside  from  conslitutional  right ;  wher- 
ever, as  here,  the  civil  authority  is  inadequate,  we  are 
remitted  to  our  original  rights.  The  law  of  civil  society 
only  regulates  the  mode  of  self-defence  ;  when  orga- 
nized society  fails  to  afford  protection,  we  are  then  thrown 
back  upon  our  original  rights,  with  power  to  defend  them, 
either  in  regard  to  person  or  property,  as  we  best  may. 
Oilman  applied  to  the  civil  authorities  for  protection — 
it  was  not  given.  Where  was  the  city  authority  in  that 
dark  hour  of  violence  and  misrule  ?  As  though  it  had 
not  been.  Mr.  Oilman  stands  therefore  before  you, 
gentlemen,  justified  in  the  sight  of  men  and  of  God  ;  by 
all  the  principles  that  are  in  the  human  heart ;  by  the 
wisdom  of  ages  ;  and  if  you,  gentlemen,  can  say  he  is 
guilty,  pronounce  such  a  verdict,  and  add  to  the  dis- 
honor of  the  country,  that  what  a  lawless  mob  executed, 
twelve  men  were  found  to  justify  and  approve. 

Linder,  for  the  people. 

I  feel,  gentlemen  of  the  jury,  thai  I  have  to  contend 
against  fearful  odds,  when  I  have  the  conviction  press- 


72  ALTON    TRIALS. 

ed  home  upon  me,  by  the  argument  of  the  geutlemat 
that,  as  citizens  you  probably  were  influenced  by  th& 
excitement  occasioned  by  the  fearful  tragedy  which  has 
been  acted  in  this  city  ;  and  am  reminded  that,  as 
jurors,  you  may  not  have  forgotten  the  prejudices  which 
you  imbibed  before  you  were  sworn  to  try  this  issue. 
I  feel  that  the  odds  against  me  are  greatly  increased, 
when  I  recollect  the  threats  made  use  of  to  frighten  you 
from  returning  a  verdict  of  guilty,  and  when  I  remem- 
ber that,  in  anticipation  of  such  a  verdict  of  guilty,  you 
were  denounced  by  the  venerable  Counsel  who  has 
preceded  me,  as  participators  in  the  crime  for  which 
this  defendant  is  now  on  trial ;  as  coadjutors  in  the  trea- 
son, which  was  committed  by  those  who  destroyed  the 
press.  But,  gentlemen,  if  you  have  feeling  upon  this 
subject  you  may  control  it :  all  may  divest  themselves 
of  prejudice,  if  they  are  determined  to  do  so. 

You  must  have  observed  how  hampered  the  defence 
has  been  ;  how  the  Counsel,  in  their  remarks,  crippled 
along.  All  their  remarks  showed  that  they  thought  they 
were  prosecuting  the  outside,  instead  of  defending  those 
who  were  guilty  of  a  riot  in  the  inside  of  the  ware- 
house. I  ask  you  to  travel  along  with  me  as  I  relate 
to  you  the  facts  in  this  case.  Last  August,  the  first 
press  was  destroyed :  the  "  boys"  broke  it  to  pieces 
and  threw  it  into  the  river.  Another  was  brought  here, 
and  after  repeated  failures  to  establish  a  press  by  which 
they  could  disseminate  their  fiendish  doctrines,  another 
course  was  adopted,  A  convention  was  called  at  Up- 
per Alton.  Alton  was  chosen  as  the  scene  of  their 
operations.  Alton  was  to  be  made  the  theatre  of  their 
preachings — and  all  their  presses,  and  all  their  preach- 
ings, and  all  their  conventions,  were  to  be  held  in  the 
poor,  devoted  city  of  Alton.  Dr.  Beecher  was  warned 
to  attend,  and  these  people  thought  they  were  going  to 
have  it  alltheu*  own  way.  But  it  happened  that  these 
Western  boys  knew  a  thing  or  two  :  knew  a  trick  worth 
two  of  that  ;  and  so  they  got  together  and  out-voted 
them,  and  the  convention  blew  up  in  smoke.     It  was  a 


ALTON    TRIALS.  73 

farce.  Not  satisfied  with  this  ;  not  satisfied  with  the 
blowing  up  of  this  farce ;  not  satisfied  with  the  result 
of  this  convention,  headed  by  interlopers  from  other  states, 
headed  by  an  alien  to  our  laws  and  our  country,  they 
issued  their  handbills,  they  made  proclamation  in  the 
streets,  of  their  intention  to  preach  their  doctrines  in  the 
Church.  They  posted  up  placards,  notifying  the  world 
that  Dr.  Beecher  would  preach  upon  this  damning  doc- 
trine of  abolition.  Now  mark  the  course  of  these  peo- 
ple ;  these  advocates  of  good  order ;  these  lovers  of  re- 
ligion. These  men,  these  peace-loving  men,  who  pro- 
fess to  be  the  followers  of  the  meek  and  lowly  Jesus, 
mark  how  they  besiege  the  Mayor,  how  they  importune 
him  lo  go  to  the  Church ;  how  they  beseech  him  to  at- 
tend their  meeting ;  how  they  notify  him  that  arms, 
yes,  arms,  are  provided  in  case  of  disturbance.  And 
here  let  us  pause.  Is  this  the  age  w^hen  virtue,  reli- 
gion and  morals  are  to  be  forced  upon  us  by  the  strong 
arm  of  power  ?  when,  if  we  will  not  hear,  the  sword 
shall  compel  us  to  do  so  ?  when,  by  muskets  and  bayo- 
nets, we  are  to  be  coinpelled  to  swallow,  whether  we 
will  or  not,  any  doctrine  which  this  set  of  people  may 
tell  us  is  good  for  instruction,  or  profitable  for  salvation  ? 
And  these  men,  who  assemble  with  arms,  w^ho  run  bul- 
lets by  the  tumbler  full,  who  parade  their  armed  men 
within  the  walls  of  a  Church,  are  they  to  claim  exemp- 
tion from  crime  under  the  plea  that  they  are  followers 
of  a  heavenly  master  ?  Save  one  solitary  instance, 
where  do  we  find  the  Apostles,  the  original  Christians, 
with  arms  in  their  hands  ?  and  in  the  only  solitary  in- 
stance in  which  they  resorted  to  the  strong  arm  of  pow- 
er, how  quick,  how  decided  the  rebuke  which  their 
peaceful  Master  gave  them  ! 

But  here  these  men,  these  peace-loving  men,  as  they 
call  themselves  ;  these  advocates  of  law  ;  these  friends 
of  good  order  ;  these  professed  disciples  of  him  who 
came  to  bring  peace  and  good  will  to  all  men,  don*t 
find  such  a  peaceful  course  answer  their  purposes  quite 
so  well.     So  they  resort  lo  arms  for  protection  j  and 

7 


74  ALTON    TRIAL?. 

they  pollute  the  worship  of  their  peaceful  Master  by  a 
martial  array  around  the  altar  dedicated  to  his  service- 
Mark  how  peaceful  their  course  runs  !  In  this  in- 
stance, there  were  first,  prayers  !  then  a  sermon  !  then  a 
»tone  ! — and  then,  "  To  arms,  boys." 

But  let  us  go  to  the  7th,  memorable  as  the  closing 
scene  in  this  comic  tragedy.  And,  to  proceed  in  regu- 
lar order  : — the  arms,  the  next  we  hear  from  them^ 
were  brought  from  the  church  ;  "  fixed,"  as  the  witness 
says,  and  Tanner  calls  upon  boys  to  run  him  a  tumbler 
full  of  bullets  ;  and  people  are  called  to  array  them- 
selves upon  the  one  side  or  the  other  of  this  vexed 
question.  Forty-two  men  are  found  willing  to  form 
themselves  into  a  military  company  ;  men  are  drafted 
from  among  you  ;  enrolled  in  the  service  ;  officers  are 
elected,  and  the  post  of  honor,  the  title  of  Captain  of 
a  squad  of  these  men,  is  conferred  upon  my  corpulent 
friend,  William  Harned.  There  is  marching  and  coun- 
termarching ;  drilling  and  exercising  ;  file  movements^ 
and  movements  in  echellon,  up  in  the  garret  of  a  ware- 
house, at  dead  of  night.  I  can't  imagine  how  they  man- 
aged to  do  all  this  in  a  place  where  I  should  hardly  have 
expected  my  friend  the  Captain  would  have  found  room 
to  have  squeezed  himself  in  half-file,  much  less,  to  have 
managed  to  drill  and  manoeuvre  a  whole  company  of 
men.  So  that  you  see,  gentlemen,  when  all  other 
sources  fail ;  when  they  find  the  conventions  won't  do, 
and  armed  men  at  churches  won't  answer  their  ends ;  the 
doctrines  of  abolition  are  to  be  forced  down  our  throats,by 
means  of  the  formation  of  an  independent,  peace-loving, 
military  company,  with  my  friend  and  brother  counsel- 
lor Mr.  Chickering  as  clerk,  and  my  honored  friend,  Mr. 
Harned,  as  Captain.  And  was  not  all  this  calculated 
to  disturb  the  peace  ?  was  not  this  calculated  to  excite 
terror  ?  to  stir  up  the  feelings  ?  to  rouse  the  passions, 
and  to  provoke  an  attack  ?  Precisely  what  we  should 
have  expected,  exactly  what  these  peace-loving  men 
should  have  anticipated,  did  result. 

Gentlemen,  a  man  who  is  conscious  that  he  is  act^ 


ALTON    TRIALS.  76 

ing  from  right  impulses,  wants  no  advice ;  he  acts  from 
his  own  honest  convictions.  But  Mr.  Gihnan  was 
always  seeking  advice  ;  always  asking  counsel  and  di- 
rection ;  always  proifering  his  services  ;  always  stating 
his  readniess  to  act  ;  always  declaring  his  willingness 
to  be  employed,  and  asking  orders  ;  always  seeking,  in 
every  way,  in  every  manner,  and  at  all  times,  to  gain 
the  arm  of  civil  authority.  Here  was  a  party  for  war 
in  times  of  unalloyed  peace,  and,  for  aught  we  know, 
''a  party  for  peace  in  times  of  war." 

My  aged  friend  has  read  to  yon  law,  under  which 
he  asks  you  to  acquit  this  defendant.  He  has  resorted 
to  the  books,  and  read  authority  to  prove  to  you  that  a 
man's  house  is  his  castle  ;  and  that  force  may  lawfully 
be  used  by  the  owner  to  defend  it  against  the  entry  of 
those  who  would  trespass.  But  the  law  speaks  of  a 
man's  hou? " ;  of  his  domicil ;  of  the  place  where  he  lives  ; 
of  the  place  which  he  has  provided  for  his  family,  and 
not  of  one's  store  ;  not  of  a  warehouse  which  is  erect- 
ed for  the  storage  or  sale  of  articles  of  merchandise. 
Who  had  threatened  to  attack  these  men  in  their  domi- 
cils  ?  Who  had  threatened  to  destroy  their  houses  ? 
or  even  to  break  open  and  enter  them  to  destroy  any 
article  of  property  kept  therein  ? 

But  the  press  came  at  last :  the  press  which  was  in- 
tended to  preach  insurrection,  and  to  disseminate  the 
doctrines  which  must  tend  to  disorganization  and  dis- 
union. With  what  delight  they  caught  the  first  glimpse 
of  their  new-born  child  ;  with  what  joy  they  hugged  il 
to  their  hearts  !  It  was  consigned  to  the  tender  care, 
to  the  fatherly  protection  of  Mr.  Roff ;  but  by  mutual 
agreement,  from  some  cause  or  other,  perhaps  from 
fear  that  it  would  be  taken  from  the  arms  of  Mr.  Roff, 
and  like  its  predecessors,  be  consigned  to  the  bosom  of 
the  father  of  rivers,  its  destination  was  altered,  and  it 
was  received  by  Mr.  CJilman.  And  a  noble  thing  they 
thought  this  was  :  a  fme  arrangement  they  thought  this 
would  be,  I  doubt  not. 

Mr.  Oilman  was  popular ;  he  was  loved  ;  he   was 


/ 


76  ALTON    TRIALS, 

respected  and  honored ;  he  was  wealthy  ;  and  doubt- 
less, gentlemen,  they  supposed  that  if  it  was  once  under 
his  charge,  all  would  be  well  ;  that  the  press  would  be 
safe,  and  the  flag  of  abolition  would  wave  in  triunoph 
over  the  prostrate  City  of  Alton.  These  men  sought 
the  battle  ;  they  volunteered  for  the  warfare  ;  they  act- 
ed before  the  necessity  called  for  it ;  they  waited  not 
for  the  call  of  the  law,  but  madly  and  rashly  rushed  to 
the  contest,  and  the  blood  of  the  unfortunate  Bishop, 
and  the  infatuated  Lovejoy,  flowed  in  consequence. 
They  had  no  direction  from  your  civil  oiRcers  ;  they 
had  no  authority  :  and  they  must  suffer  the  consequen 
ces.  It  probably  is  true,  as  a  w^itness  has  told  you, 
that  they  determined  not  to  fire  till  they  were  fired 
upon.  They  did  not  want  to  strike  the  first  blow.  And, 
gentlemen,  their  conduct  puts  me  in  mind  of  the  man- 
ner in  which  we  used  to  act  as  long  ago  as  when  we 
went  to  school.  We  felt  cross  ;  we  wanted  to  fight  ; 
but  like  these  grown  up  boys,  we  did  not  care  about 
striking  first.  So  one  would  put  a  chip  on  his  head, 
and  then  tell  another  to  knock  it  off,  if  he  dared  : 
and  another  would  draw  a  line  on  the  ground,  and  plant- 
ing himself  behind  that,  would  dare  his  adversary  to 
cross  it  ;  or  bid  him  keep  off,  if  he  knew  what  was 
good  for  himself. 

Admit  that  it  is  lawful  for  a  man  to  assemble  his 
friends  for  the  forcible  protection  of  his  domicil  ;  is  it 
therefore  lawful  for  him  to  assemble  them  in  a  ware- 
house, and  importune  the  officers  of  the  law  for  au- 
thority, and  under  cover  of  advice  given  as  a  friend, 
provoke  a  fight  ?  Suppose  this  press  had  not  been 
guarded  ;  suppose  that,  taking  advantage  of  the  absence 
of  those  who  had  assembled  for  its  protection,  the  mob 
had  destroyed  it.  Had  these  people  no  remedy  ?  Is 
there  no  law  which  would  have  given  them  redress  ? 
They  talk  of  being  friends  to  good  order ;  lovers  of 
law  ! !  Have  thev  not  taken  the  law  into  their  own 
hands,  and  violated  the  laws  of  man  and  of  God  in  depri- 
ving man  of  life  '^     And   for  what  ?     For   a  press  !  a 


ALTON    TRIALS.  T7 

printing  press  !  A  press  brought  here  to  teach  rebel- 
lion and  insurrection  to  tiie  slave  ;  to  excite  servile  war  ; 
lo  preach  murder  in  the  name  of  religion;  to  strike 
dismay  to  the  hearts  of  the  people,  and  spread  desola- 
tion over  the  face  of  this  land.  Society  esteems  good 
order  more  than  such  a  press  :  sets  higher  value  upon 
the  lives  of  its  citizens  than  upon  a  thousand  such 
presses.  I  might  depict  to  you  the  African,  his  pas- 
sions excited  by  the  doctrines  intended  to  have  been 
propagated  by  that  press.  As  well  might  you  find 
yourself  in  the  fangs  of  a  wild  beast.  I  might  portray 
to  you  the  scenes  which  would  exist  in  our  neighbor 
states  from  the  influence  of  that  press  :  the  father 
aroused  to  see  the  last  gasp  of  his  dying  child,  as  it 
lays  in  its  cradle,  weltering  in  its  blood  ;  and  the  lius- 
band  awakened  from  his  last  sleep  by  the  shrieks  of 
his  wife  as  she  is  brained  to  the  earth.  I  might  paint 
to  you  a  picture  which  would  cause  a  demon  to  start 
back  with  afiright,  and  sliU  fall  short  of  the  awful  real- 
ity which  would  be  caused  by  the  promulgation  of  the 
doctrines  wdiich  this  press  was  intended  to  disseminate. 
Bear  with  me  while  I  turn  your  attention  to  a  law  of 
this  State, 

Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
&c.,  "  That  the  judges  of  the  Supreme  Court,  through- 
out the  Stale,  the  judges  of  the  Circuit  Courts  through- 
out their  circuits,  and  justices  of  the  peace  in  their  re- 
spective counties,  shall,  jointly  and  severally,  be  con- 
servators of  the  peace,  within  their  respective  jurisdic- 
tions," &c.  "  And  shall  have  power  to  cause  to  come 
before  them,  or  any  of  them,  all  persons  who  shall 
threaten  to  break  the  peace,  or  shall  use  threats  against 
any  person  within  this  State,  concerning  his  or  her 
body,  07'  threaten  to  injure  las  or  her  property,  or  the 
property  of  any  person  wJiateuer ;  and  also,  all 
such  persons  as  are  not  of  good  fame,  and  the  said 
judge  or  justice  of  the  peace,  being  satisfied  by  the 
oath  of  one  or  more  witnesses  of  his  or  her  bad  char- 
acter, or  that  he  or  she  had  used   threats  as   aforesaid, 

1* 


78  ALTON    TRIALS. 

h?liall  cause  such  person  or  persons,  to  give  good  securi- 
ty for  the  peace,  or  for  their  good  behavior  towards  all 
the  people  of  this  State,  and  particularly  towards  the 
individual  threatened."  Here  there  is  law  to  suit  the 
case  of  these  individuals.  Why  did  they  not  resort  to 
it  ?  They  were  threatened  ;  their  property  was  threat- 
ened :  why  not  take  the  redress  pointed  out  and  given 
them  by  theh.w  ?  They  knew  the  individuals  who  threat- 
ened ;  why  not  go  to  a  Justice  of  the  Peace,  enter  theii 
complaints,  and  bind  the  boys  over  to  keep  the  peace 
and  be  of  good  behavior  ?  Why  not  do  this,  instead 
of  assembling  their  friends  who  would  make  law  foi 
themselves,  and  prostrate  that  enacted  by  competent 
authority  ?  No,  gentlemen,  these  men  did  not  want  to 
take  the  course  of  the  law  ;  their  whole  course  was  a 
crusade  upon  law  ;  a  crusade  against  your  Constitution, 
a  war  against  right ;  a  war  against  peace  ;  a  war  against 
liberty  and  good  order. 

But,  gentlemen,  I  regret  that  in  the  execution  of  my 
duty,  I  am  obliged  to  prosecute  this  defendant.  I  re 
spect  him  as  a  man  and  a  citizen.  I  regret  that  he 
suffered  himself  to  be  drawn  into  this  excitement.  His 
honesty  and  ingenuousness  have  been  taken  advantage 
of,  and  he  made  the  dupe  of  others  more  artful  and  de- 
signing than  himself.  I  cannot  believe  that  this  de- 
fendant, of  his  own  accord,  would  ever  have  placed 
himself  in  a  situation,  where,  by  any  possibility,  crimi- 
nal intention  could  have  been  manifested,  or  criminal 
act  committed.  But,  like  poor  Tray,  who  you  know 
was  a  very  honest  dog,  this  man  must  suffer,  because 
he  was  caught  in  the  company  of  Tiger.  These  aboli- 
tionists have  got  the  smell  of  this  man's  money,  and 
they  have  hung  round  him ;  they  have  dogged  his 
pathway  through  your  streets,  they  have  besieged  him 
in  his  place  of  business,  they  have  fastened  their  fangs 
upon  him,  and  they  will  not  leave  him  till  they  have 
drawn  the  last  drop  of  blood  from  the  quivering  fibres 
of  his  flesh  ;  I  mean  the  last  dollar  from  his  purse. 

You  are  urged  to  acquit  this  man  ;  to  sav  that  his 


ALTON  TRIALS.  79 

acts  are  justified  because  the  attack  upon  his  property 
was  of  that  nature  that  he  could  not  repel  it,  and  unless 
he  had  assembled  his  friends,  armed  them  and  resorted 
to  the  strong  arm  of  force.  Can  one  wrong  be  justified 
because  another  wrong  was  committed  ?  There  is  no 
set-off  in  crime.  The  prayer  sometimes  made  in  other 
places,  "  excuse  me  because  Bill  has  done  worse,"  is 
not  good  authority  here.  You  are  sworn  men  ;  sworn 
not  to  say  who  was  most  riotous,  which  parly  had  the 
most  law  ;  but  sworn  to  try  the  guilt  or  innocence  of 
this  defendant,  by  the  law  and  the  evidence.  This  meet- 
ing was  dangerous,  doubly  dangerous,  because  it  had 
the  outside  appearance  of  law  about  it. 

The  fact  that  these  people  assembled  together,  that 
they,  when  so  assembled,  protected  or  endeavored  to 
protect  their  property,  is  not  in  itself  criminal ;  but  it  is 
the  manner  in  which  such  assemblage  and  such  defence 
was  made,  that  we  charge  as  unlawful.  It  is  the  man- 
ner in  which  such  defence  was  made,  that  has  brought 
this  man  to  your  bar,  to  answer  to  his  country  for  the 
offence  he  committed. 

The  purpose  of  petitioning  is  lawful,  and  men  may 
assemble  and  do  assemble  for  the  exercise  of  their  rights 
in  the  fulfilment  of  that  purpose  almost  daily.  The 
purpose  of  mustering  the  militia  is  lawful,  though  these 
meetings  are  getting  to  be  quite  rare,  but  yet,  if  a  large 
number  of  men  should  assemble  with  arms  in  their 
hands,  even  if  for  the  purpose  of  consulting  about  mat- 
ters of  common  grievance,  or  with  the  design  of  petition- 
ing to  your  legislature,  1  hardly  think  my  venerable 
friend  upon  this  defence  would  pronounce  such  assem- 
blage lawful.  It  would  be  calculated  to  excite  terror 
and  distrust ;  it  would  be  calculated  to  disturb  the  good 
order  of  the  community,  and  lead  to  a  breach  of  the 
peace,  and  therefore  it  would  be  unlawful.  It  is  the 
wisdom  of  law  to  prevent  crime,  rather  than  to  punish 
criminals.  The  knowledge  of  its  provisions  is  within 
the  reach  of  all  men,  and  if  men  may  know  their  rights 
and  liabilities,  and  will  not,  or,  if  knowing  the  law,  they 


80  ALTON    TRIALS. 

wilfully  violate  its  principles,  let  them  feel  the  power 
have  despised  it,  let  them  suffer  from  the  vengeance 
they  have  braved. 

If  Mr.  Gilman  is  indicted  for  acts  done  in  defence  of 
his  natural  rights,  if  he  is  to  suffer  for  his  prosecution 
of  a  good  cause,  let  such  considerations  be  addressed  to 
the  court,  in  mitigation  of  punishment ;  they  should  not 
be  urged  to  you,  in  justification. 

Who  questions  the  lawfulness  of  the  act  done,  by 
these  defendants  1  Who  doubts  the  unlawfulness  of 
the  manner  in  which  those  acts  were  done  ? 

Some  forty  individuals  assembled  in  the  first  in- 
stance, some  fifteen  or  twenty  remained,  with  firearms 
in  their  hands,  well  provided  v/ith  ammunition,  with 
tumult,  with  disorder,  or,  as  the  gentleman  told  you, 
with  the  stillness  of  the  calm  which  precedes  the  storm  ; 
but  the  stillness  made  not  the  thunder  and  lightning  of 
that  storm  less  fierce,  or  less  fearful  when  it  burst. 

It  was  unnecessary  that  Gilman  should  have  fired  a 
gun  ;  the  laws,  as  I  have  shown  you,  are  broad  enough 
to  have  ensured  his  safety,  amply  sufi^icient  to  have  af- 
forded protection  to  his  property.  If  he  chose  to  strike  a 
blov/  for  his  own  rights,  let  him  suffer  the  consequences. 

And  the  address  to  the  mob,  "we  will  not  give  up 
the  press,"  but  have  resolved  to  lose  our  lives,  if  ne- 
cessary, in  its  defence,  affords  conclusive  proof,  bears 
ample  testimony  to  the  intent,  by  which  this  defendant 
was  actuated.  And  that  other  remark,  proceeding  from 
him  who  was  the  first  victim  to  its  truth,  "  we  must  not 
lose  a  fire  ;"  how  prophetic  the  exclamation  ! ! 

Go  then,  gentlemen,  if  you  can,  and  say  upon  your 
oaths  tins  defendant  is  not  guilty  ;  regard  the  purity,  the 
honor,  and  integrity  of  his  character ;  value  the  kind 
feelings,  the  expanded  benevolence,  the  generous 
spirit,  the  warm  heart  of  this  man  as  highly  as  you 
choose  ;  but  in  paying  a  just  tribute  to  these  feelings 
and  qualities  of  the  man,  forget  not  the  calls  of  your 
country,  the  demands  of  the  law. 

I  will  not  threaten  you,  I  will  not  warn  you  of  your 


ALTON    TRIALS.  81 

danger  in  returning  a  verdict  of  "  not  guilty,"  by  way 
of  intimidation.  I  will  not  say,  you  will  not  be  safe  in 
returning  such  a  verdict.  J  believe  there  is  no  danger ; 
I  will  guarantee  your  safety  ;  I  will  underwrite  for  the 
City  of  Alton. 

No,  gentlemen,  you  need  no  such  protection,  you 
are  safe  in  returning  any  verdict ;  sale  in  your  own 
liigh  characters  as  men  ;  safe  in  your  sacred  characters 
as  jurors.  Neither  are  you  to  be  affected  by  calumny  ; 
such  weapon  would  fall  harmless  at  your  feet. 

But  remember,  that  when  men  like  Mr.  Gilman  are 
convicted ;  when  they  are  held  amenable  to  the  laws 
for  their  acts,  and  the  natural  consequences  of  those 
acts ;  a  salutary  chastisement  is  inflicted  upon  the  indi- 
vidual, and  a  useful  lesson  taught  to  others,  who  are 
humbler  in  life  than  the  accused. 

Go  then  to  your  retirement,  act  independently,  with- 
out fear  or  prejudice,  honestly,  without  favor  or  affec- 
tion. I  put  the  cause  into  your  hands ;  weigh  well  the 
evidence,  examine  carefully  the  law,  and  pronounce 
fearlessly  your  verdict. 

The  jury  retired,  and  after  an  absence  of  about  fif- 
teen minutes,  came  into  court  and  declared  a  verdict  of 
"  Not  Guilty." 

January  \7th,  1838. 
At    the    opening  of  the  Court  this  morning,  U.  F. 
Linder  stated  to  the  Court,  that  upon  consultation  with 
the  Prosecuting  Attorney  for  the  City,  they  both  had 
come  to  the  conclusion,  that  the  trial  of  the  individuals 
included  with  Mr.  Gilman  in  the  indictment,  would  re- 
sult in  the  return  of  a  similar  verdict  as  the  one  given  in 
the  case  of  Mr.  Gilman,  and  he  therefore  would  enter 
with  permission  from  the  Court  a  nolle  prosequi  against 
Enoch   Long,  Amos  B.  Roff,   George  H.  Walworth, 
George  H.  Whitney,  William  Harned,  John  S.  Noble, 
.Tames    Morse,   jr.,  Henry    Tanner,     Royal    Wellcr, 
Reuben  Gerry,  and  Thaddcus  B.  Ilurlbut  ;  and  upon 
proclamation  the    aforenamed    individuals    were    dis- 
charged without  day. 


ALTON  TRIALS. 


In  the  Municipal  Court,  of  the  City  of  Alton,  at  its 
January  Term,  in  the  year  A.  D.  1838,  and  on  the  nine- 
teenth day  of  said  montli,  came  on  for  trial  the  follow- 
ing case,  before  Hon.  William  Martin,  Judge. 
The  People  of  the  State  of  Illinois, 


vs. 
John  Solomon,  Solomon  Morgan,  Levi  Palmer, 
Horace  Beal,  Josiah  Nutter,  James  Jenningp, 
Jacoh  Smith,  David  Butler,  William  Carr,  James 
M.  Rock,  and  Frederick  Brucky,  indicted  for  a 
Riot,  committed  on  the  night  of  the  7th  November 
last,  within  the  hmits  of  the  City  of  Alton,  in  en- 
tering the  storehoiise  of  Benjamin  Godfrey,  and 
Winthrop  S.  Gilman,  and  breaking  up  and  de- 
stroying one  printing  press,  then  and  there  found, 
the  property  of  the  said  Benjamin  Godfrey,  and 
Winthrop  S.  Gilinan. 

For  the  People, 
Francis  B,  Murdock,  City  Att'y. 
Alfred  Cowles,  Esq., 


For  Defts.  on  trial, 
U.  F.  Linder,  Esq., 
S.  T.  Sawyer,  Esq., 
Junius  Hall,  Esq. 


Morgan  Jennings,  and  Bruchy,  not  having  been  ar- 
rested, the  trial  proceeded  against  ihe  remainder. 

And  at  the  calling  of  the  case,  the  defendants  pre- 
sented the  foUowinsf  Demurrer : 


John  Solomon, 
Levi  Palmer, 
Horace  Beal, 
Josiah  Nutter, 
Jacob  Smith, 
David  Butler, 
William  Carr,  and 
James  M,  Rock, 
Impleaded  with  .Jamr  s 
Jennings,       Solomon 
Morgan,  and  Frederick 
Bruchy, 


alt. 
The   People  of  the  State  of  Illinois. 


In  the  Municipal  Court  of  the  City  of 
Alton,  January  Term,  1838.  In  an  indict- 
ment for  Riot. 

And  the  said  Solomon,  et.  al.  who  are 
impleaded  with  the  said  James  Jennings, 
et.  a!,  in  their  own  proper  persons,  come  into 
Court  here,  and  having  heard  the  said  in- 
dictment read,  say  that  the  said  indictment, 
and  the  matters  therein  contained,  in  man- 
ner and  form  as  the  same  are  above  stated 
and  set  forth,  are  not  sufficient  in  law,  and  that  they  the  said  Solo- 
mori,  (fee,  are  not  bound  by  the  laws  of  the  land  to  answer  the  same; 
and  this  they  arc  ready  to  verify.  Wherefore,  for  want  of  a  suffi- 
cient indictment  in  this  behalf,  they  pray  judgment,  and  that  by  the  court 
h.re  they  may  be  dismissed,  and  discharged  from  the  said  premises,  in 
the  said  indictment  specified. 

Linder  and  Sawyer  for  Defendants  Solomon  and  others. 


84  ALTON    TRIALS. 

And  Linder  in  support  of  the  motion. 

This  demurrer  has  been  drawn  up,  and  I  now  pre- 
sent it  for  the  purpose  of  saving  the  hme  of  the  court ; 
and  also  saving  the  jury  from  any  trouble  in  the  case,  if 
the  indictment  is  defective.  It  is  not  presented  from 
any  fear  I  have  as  to  the  result  of  this  trial ;  nor  from 
any  apprehension  I  feel  as  to  the  fate  of  the  defendants. 
I  know  how  useless  it  would  be  to  consume  lime  in  the 
investigation  of  the  facts  of  this  case  ;  if,  after  a  verdict, 
a  motion  in  arrest  of  judgment  could  be  sustained,  upon 
the  ground,  that  the  charge  as  set  out  in  this  instrument, 
is  not  properly  made.  And  I  have  a  disposition  too,  to 
allay  any  heart-burnings  which  may  be  felt  in  this  com- 
munity. I  have  made  up  my  mind  that  this  indictment 
is  defective,  that  the  offences  with  which  the  prosecu- 
ting attorney  has  charged  us,  are  not  properly  alleged, 
and  I  ask  the  attention  of  the  court,  to  sections  113, 
115,  116,  117,  of  the  criminal  code. 

Sec  113.  "If  two  or  more  persons  assemble 
together  for  the  purpose  of  disturbing  the  public  peace, 
or  committing  any  unlawful  act,  and  do  not  disperse," 
&c. 

Sec  115.  "If  two  or  more  persons  shall  assem- 
ble together  to  do  an  unlawful  act,"  &c. 

Sec  116.  "If  two  or  more  persons  shall  meet  to 
do  an  unlaw^ful  act,  upon  a  common  cause  of  quarrel, 
and  make  advances  towards  it,"  &c. 

Sec  117.  "  If  two  or  more  persons  actually  do  an 
unlawful  act,  with  force  or  violence,  against  the  person 
or  property  of  another,  with  or  without  a  common  cause 
of  quarrel,  or  even  do  a  lawful  act,  in  a  violent  and 
tumultuous  manner,  the  persons  so  oifendmg  shall  be 
deemed  guilty  of  a  Riot,"  &c. 

Now  it  will  be  seen  that  all  these  sections  contem- 
plate an  assemblage  ;  a  meeting  together  of  two  or 
more  persons  for  an  unlawful  purpose.  But  it  will  be 
seen,  that  this  indictment  is  framed  under  the  1 17th  sec- 
tion ;  and  I  ask  of  the  court,  a  close  examination  of  that 
section,  and  I   expect  that  the  court  will  give   a  rigid 


ALTON    TRIALS.  85 

construction  to  it.  Criminal  laws  are  always  construed 
more  rigidly  than  any  others,  and  I  ask  your  honor  to 
construe  this  law  strictly-  I  will  not  trouble  the  court 
with  the  first  principles  of  law.  J  will  not  repeat  the 
general  rules.  Every  one  knows,  that  if  an  indictment 
is  framed  so  as  to  cover  an  offence  specially  described 
by  statute,  that  the  letter  of  the  statute  naust  be  follow- 
ed. That  if  the  offence  charged  in  the  indictment 
differs  from  that  specifically  pointed  out,  and  defined  by 
the  statute,  that  it  is  a  fatal  variance,  and  may  be  taken 
advantage  of  by  demurrer.  Every  one  knows  that  more 
strictness  is  required  in  drawing  an  indictment  under  a 
statute  than  by  common  law. 

Now  for  the  Indictment.  Tlie  Grand  Jurors,  &c., 
present,  that  James  M.  Rock,  &c.  on,  &c.  at,  &c.  "  with 
force  and  arms  unlaw'fully,  and  with  force  and  violence, 
did  enter  into  the  storehouse  of  Benjamin  Godfrey 
and  Winthrop  S.  Gilman,  there  situate  ;  and  one  print- 
ing press,  the  property,  goods  and  chattels  of  the  said 
Benjamin  Godfrey  and  Winthrop  S.  Gilman,  then  and 
there  being  found,  did  unlawfully,  riotously,  and  routous- 
ly,  and  with  force  and  violence  break  and  destroy."  Now 
sir,  in  the  1 17th  section  of  the  criminal  code  under  which 
this  indictment  is  framed,  there  are  two  distinct  offences  ; 
and  the  wording  of  the  statute  requires  that  each  of  these 
offences  should  be  charged  in  a  particular  manner.  Now 
in  an  indictment  under  the  1 16lh  section,  if  there  was  an 
omission,  in  stating  that  the  act  alleged  to  have  been 
committed  was  done  with  a  common  cause  of  quarrel, 
.such  omission  W'Ould  be  fatal. 

If  this  indictment  is  framed  under  the  second  clause  of 
the  117th  section,  it  should  set  forth  the  offence  in  the 
words  of  the  statute,  and  these  individuals  should  have 
been  charged  with  doing  a  lawful  actina  violent  and  tu- 
multuous manner.  But  it  is  not  so,  and  therefore  it  is 
under  the  first  part  of  that  section,  that  this  indictment 
was  framed.  And  let  us  see  if  these  two  apparently 
independent  and  distinct  offences,  specified  in  the  117tli 
section,  are  not  so  closely,  so  directly  and  intimately  con- 

8 


S6  ALTON    TRIALS. 

nected  in  their  character  and  nature,  that  an  allegation 
of  a  violent  and  tumultuous  manner,  is  not  necessary 
in  charging  both  offences. 

If  two  or  more  do  an  unlawful  act,  with  force  and 
violence,  or  even  do  a  lawful  act  in  a  violent  and 
tumultuous  manner,  lohich  7nanner  attaches  to  both 
offences,  they  shall  be  guilty  of  riot.  The  two  clauses 
of  the  section  being  connected  by  the  nature  of  the  lan- 
guage employed  to  define  the  offences,  the  violent  and 
tumultuous  manner  is  necessary  to  the  completion  of 
both  offences.  There  is  no  period,  no  punctuation  oi 
any  kind,  nothing  which  separates  the  two  clauses  of 
the  section,  unless  it  be  the  words  with  or  without  a 
common  cause  of  quarrel,  and  do  these  words,  slipt  in 
as  they  are  in  the  middle  of  a  sentence,  sever  the  of- 
fences ?  Do  they  make  the  clauses  and  offences  so 
distinct,  as  that  what  is  necessary  to  one,  is  unneces- 
sary to  the  other  ?  If  we  can  judge  by  force  of  lan- 
guage what  necessaril}''  attaches  to  an  offence  ;  if  we  can 
judge  by  the  nature  of  the  language,  employed  to  de- 
fine what  constitutes  crime,  a  violent  and  tumultuous 
manner  must  be  alleged  in  an  indictment  under  either 
of  the  clauses  of  this  section.  A  tumultuous  manner 
should  be  attached  to  both  ; — it  is  required  by  the  lan- 
guage of  the  statute,  and  if  it  is  dispensed  with  in  prac- 
tice, the  omission  can  be  taken  advantage  of,  and  the 
indictment  be  quashed,  or  the  judgment  be  arrested. 

Per  Curiam.  No  objection  need  be  made  to  the  de- 
murrer :  the  argument  would  be  applicable,  and  entitled 
to  consideration  if  the  words  in  a  violent  and  tumultu- 
ous manner  were  not  omitted  in  the  first  clause  of  the 
1 17th  section.  Two  distinct  offences  are  there  defined  ; 
one,  the  doing  an  unlawful  act;  the  other  a  lawful  one. 
A  lawful  act  may  be  done  with  force  and  violence,  and 
still  the  individual  be  guilty  of  violating  no  law.  An 
unlawful  act  is  criminal  in  its  very  nature,  and  the 
manner  in  which  it  is  done,  determines  the  nature  of 
the  crime,  whether  it  shall  be  of  a  higher,  or  lower  de^ 
nomination.. 


ALTON    TRIALS,  87 

The  Demurrer  is  overruled. 

Lindcr.  I  don't  mj^self  see  any  great  force  in  the 
demurrer :  it  was  drawn  up  by  my  brother  Sawyer, 
and  at  first  did  not  I  know  but  I  might  make  some- 
thing of  it. 

A  plea  of  ^*  Not  Guihy"  was  entered. 

Linder.  I  know  the  opinion  of  the  Court  upon  the 
point,  but  I  conceive  that  each  of  the  defendants  is  en- 
titled to  a  peremptory  challenge  of  his  full  number. 

Per  Curiam.     I  tliink  not. 

Linder.     I  cite 

Per  Curiam.  The  Court  is  willing  that  each  of 
the  individuals  indicted  for  this  offence  may  have  a 
separate  trial,  if  he  requires  it ;  inasmuch  as  the  rule 
was  adopted  in  the  indictment  against  Oilman  and 
others.  But  for  the  purpose  of  saving  time,  the  Court 
is  willing  t  i  order  a  nolle  prosequi  to  be  entered  in 
favor  of  any  of  tlie  defendants,  against  whom  the  Peo- 
ple shall  fail  to  produce  any  evidence  of  guilt,  that 
such  acquitted  persons  may  subsequently  testify  for 
the  other  defendants. 

The  following  individuals  were  then  called  as 
Jurors  and  sworn  on  the  "  voir  dire." 

George  Carlton.     Challenged  by  People. 

Timothy  Terrell.     Sworn, 

John  P.  Ash.     Sworn. 

James  Mansfield.  Rejected  as  incompetent,  hav- 
jng  formed  or  expressed  an  opinion  as  to  the  guilt  or 
innocence  of  the  defendants. 

William  Lewis.  Rejected  as  Incompetent  for  rea- 
son as  above. 

Aaron  Corey.  Rejected  as  incompetent,  for  rea- 
jsons  as  above. 

Jas.  Wellington.     Challenged  by  people. 

Peter  Whittaker.  Rejected  as  incompetent,  for  rea- 
sons as  above. 

Mahlon  Weber.     Rejected  as  incompetent,  for  rea 
25or.s  as  above. 

William  S.  Gaskins.     Sworn. 


88  ALTON    TRIALS. 

Richard  P.  Todd.  Objected  to  by  Government  as 
not  being  on  the  regular  panel. 

Per  Curiam.  The  Court  has  no  objection  that  the 
regular  pannel  should  be  first  called.  Mr.  Todd,  how- 
ever, was  returned  as  a  juror  in  place  of  one  of  the  reg- 
ular panel,  who  was  excused. 

Murdock.     Stand  aside,  Mr.  Todd. 

George  Allcorn.  Linder  for  defence.  We  take 
the  juror. 

Cowles  for  people.     We  take  him. 

Juror  to  the  Court.  I  have  formed  and  expressed 
an  opinion  as  to  the  guih  or  innocence  of  the  defend- 
ants. 

Per  Curiam.     The  juror  is  incompetent. 

Lmder.  What  ?  if  both  parties  agree  to  take 
him  ? 

George  Allcorn.     Sworn. 

Stephen  Griggs.     Challenged  by  defendants. 

Jas.  Stuart.     Had  been  excusecl. 

Luther  Johnson.  Rejected  as  incompetent,  for 
reasons  as  above. 

Horace  W.  Buflfum.  I  was  excused  on  Wednes- 
day morning  from  any  further  attendance,  on  account  of 
sickness.     I  am  better  now  than  I  was. 

Murdock  for  people.     We  want  the  regular  panel. 

Juror.  I  have  both  formed  and  expressed  an  opin- 
ion as  to  the  guih  or  innocence  of  all  the  individuals. 

Horace  W.  BufTum,  rejected  as  incompetent,  for 
reasons  as  above. 

Effingham  Cocke — had  formed  an  opinion  as  to  the 
guilt  or  innocence  of  some  who  were  indicted. 

Per  Curiam.     The  juror  is  incompetent. 

Chauncey  Underwood — had  been  previously  ex- 
cused. 

John  Clark.    Sworn. 

Robert  M'Farland.     Challenged  by  the  people. 

William  T.  Hankinson.     Sworn. 

Richard  P.  Todd.     Sworn. 

William  P.  Little.     Rejected  as  incompetent. 


ALTON    TRIALS,  89 

James  E.  Starr. 

Q.  By  Linder,  How  old  are  you?  over  twenty- 
one  ?     Ans,     I  ann. 

Q.  By  same.     Do   you    pay    taxes  ?      Ans. — I    do, 
I'hallenged  by  defendants. 

R.  K,  Wheeler.     Rejected  as  incompetent. 

Alexander  Botkin — had  formed  no  opinion  as  to  the 
guilt  or  innocence  of  the  defendants  in  entering  the 
store. 

Cowles,  for  people.  The  charge  of  riot ;  have  you 
formed  or  expressed  an  opinion  as  to  the  guilt  or  inno- 
cence of  any  of  the  individuals,  upon  that  charge  ? 

Linder.     No  riot  is  charged  in  the  indictment. 

Juror.  I  saw  some  of  the  individuals  indicted,  in 
ihe  street  that  evening,  but  I  did  not  see  them  beyond 
State-street :  and  1  have  formed  no  opinion  as  to  their 
guilt  or  innocence  under  the  indictment. 

Cowles.  It  matters  not  whether  the  juror  had  form- 
ed an  opinion  as  to  the  existence  or  truth  of  cer- 
tain facts.  If  he  has  formed  an  opinion  that  certain 
facts,  if  proved,  will  not  constitute  a  riot,  then  he  is  in- 
competent. 

Linder.  My  position  is  this;  that  the  People  can 
■only  convict  these  defendants  upon  the  charge  alleged 
against  them  in  this  indictment. 

Cowles.  The  jurors  are  judges  of  both  law  and 
fact  ;  if  they  have  formed  an  opinion  upon  the  law,  pro- 
vided the  facts  are  proved,  then  they  are  not,  and  can- 
not be  impartial  jurors.  The  question  which  should  be 
propounded  to  this  individual  is,  whether,  supposing 
certain  facts  are  proved,  he  has  formed  an  opinion. 

Per  Curiam.  Two  essential  things  are  necessary 
to  sustain  an  indictment.  First,  that  certain  facts 
should  be  proved  to  have  existed  ;  and  secondly, 
that  those  facts  should  be  such  as  to  constitute  an  of- 
fence. The  juror  should  not  be  asked  whether  he  has 
formed  an  opinion  as  to  the  existence  of  ccrlaui  facts, 
but  whether  he  has  formed  an  opinion  as  to  facts  con- 
stituting guilt.  The  indictment  is  under  the  1 17th  section. 

8* 


90  ALTON    TRIALS. 

Certain  facts  are  set  forth,  but  the  charge  is  riot.  If 
any  juror  has  formed  an  opinion  as  to  the  innocence  or 
guih  of  the  charge,  then  he  is  incompetent. 

Linder.  My  question  was  whether  the  juror  had 
formed  an  opinion  of  the  guilt  or  innocence  of  the  in- 
dividuals as  to  the  charge  in  the  indictment. 

Per  Cm'iam.  The  individuals  on  trial  are  charged 
with  having  committed  a  riot.  Have  you,  Mr.  Juror, 
formed  an  opinion  of  their  guilt  or  innocence  upon  that 
charge  ? 

Juror.     I  have  not.     I  know  nothing  of  the  facts. 

Q.  By  Juror.  Does  not  the  fact  of  having  been 
elected  justice  of  the  peace  excuse  me  from  serving  ? 

Linder.     No ! 

Cowles.     Has  not  a  justice  of  the  peace  a  right,  by 
common  law,  to  act  as   coroner,  so  is  he  not  incompe 
tent  ? 

Per  Curiam.  That  is  a  personal  privilege  which 
the  individual  may  or  may  not  claim. 

Q.  By  Linder.  Have  you  been  commissioned  as  a 
Justice  of  the  Peace  ?     Arts.  No. 

Sworn  as  Juror. 

E.  Breath. 

Q.   By  Linder      Are  you  a  tax-payer  ?     Ans.     I  ana 
not ;  I  have  gOt  nothing  to  be  taxed. 

Per  Curiam  No  matter  whether  he  pays  taxes  or 
not.     The  law  includes  all  free  taxable  persons. 

Q,  By  CoWiCs.  Do  you  pay  highway  taxes  ?  Ans. 
I  do. 

Q.  By  Linaer      Rejected  as  incompetent  by  reason 
of  having  formed  an  opinion. 

Treadway  —never  had  expressed  an  opinion,  al- 
though he  had  formed  one.     Rejected  as  incompetent. 

Rice.  John  Soiomon  has  related  to  me  some  facts, 
T  have  formed  an  opmion  as  to  him,  but  not  as  to  the 
others.     Rejected  as  incompetent. 

Evans.     Rejected  as  incompetent. 

Wheeler.  I  don't  know  who  the  defendants  are. 
Have  formed  no  opinion.     Sworn. 


ALTON    TRIALS.  91 

Walter  Lachelle. 

Q.  By  Linder.     Have  you  been  naturalized  ?  Ans. 
1  have.     Sworn. 

Job  Lawrence.     Challenged  by  defendants. 

Daniel  Carter.     Sworn. 

Samuel  W.  Hamilton — had  formed  an  opinion,  but 
the  counsel  agreed  to  take  him,  and  he  was  sworn. 

A  jury  having  been  obtained,  Murdock  for  the  Peo- 
ple in  the  opening  of  the  case,  said  :  So  much  of  the 
time  of  the  court  has  been  occupied  in  the  trial  growing 
out  of  the  same  tragedy,  for  a  participation  in  which 
these  individuals  have  been  indicted,  and  so  much  of 
your  own  time  has  been  consumed  in  the  preliminary 
steps  of  this  trial,  that  I  am  warned  to  be  as  brief  as 
possible.  It  is  unnecessary  to  tell  you  that  these  indi- 
viduals are  indicted  for  a  Riot ;  that  the  Grand  Jurors 
have  found  that  these  individuals,  with  divers  others, 
assembled  on  the  night  of  the  7th  of  November  last, 
with  a  determination  to  attack  the  storehouse  of  God- 
frey &  Gilman,  and  of  breaking  up  and  destroying  a 
printing  press  stored  therein. 

The  indictment  is  in  these  words. 

"  Of  the  January  Term  of  the  Municipal  Court  of 
the  City  of  Alton,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-eight." 
State  of  Illinois,    ) 
City  of  Alton,  ss.   S 

The  Grand  Jurors,  chosen,  selected  and  sworn, 
in  and  for  the  body  of  the  City  of  Alton,  in  the  county 
of  Madison,  in  the  name,  and  by  the  authority  of  the 
people  of  the  State  of  Illinois,  upon  their  oaths,  present 
that  John  Solomon,  Solomon  Morgan,  Levi  Palmer, 
Horace  Beal.  Josiah  Nutter,  James  Jennings,  Jacob 
Smith,  David  Butler,  William  Carr,  and  James  M. 
Rock,  and  Frederick  ^ruchy,  all  late  of  the  City  of  Al- 
ton, in  the  County  of  Madison,  and  State  of  Illinois,  on 
the  7th  day  of  November,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-seven,  with  force  and 
arms,  at  the  City  of   Alton  aforesaid,   and   within  the 


92  ALTON    TRIALS. 

corporate  limits  of  said  City,  unlawfully  and  with  force 
and  violence,  did  enter  the  storehouse  of  Benjamin 
Godfrey  and  Winthrop  tS.  Oilman,  there  situate,  and 
one  printing  press,  the  property,  goods,  and  chattels  of 
the  said  Benjamin  Godfrey  and  Winthrop  S.  Gilman, 
then  and  there  being  found,  did,  unlawfully,  riotously, 
and  with  force  and  violence,  break  and  destroy,  con- 
trary to  the  form  of  the  statute  in  such  cases  made  and 
provided,  and  against  the  peace  and  dignity  of  the  peo- 
ple of  the  State  of  Illinois. 

Francis  B.  Murdock,  Prosecuting  Attorney, 

for  the  Municipal  Court  of  the  City  of  Alton 
Endorsed  '  a  true  bill.' 

Thomas  G.  Hawley,  Foreman." 

For  the  purpose  of  sustaining  the  indictment,  gen- 
tlemen, of  the  jury,  it  is  necessary  that  the  government 
should  show,  that  two  or  more  persons  assembled,  for 
an  unlawful  purpose ;  that  they  entered  the  storehouse 
of  Godfrey  &  Gilman,  witli  force  and  violence,  and  that 
they  broke  up  and  destroyed  the  printing  press,  then 
and  there  found,  as  is  charged  in  the  indictm.ent.  It  is 
necessary  that  the  people  should  show  that  Godfrey  & 
Gilman  were  in  the  possession  of  the  property  destroy- 
ed. They  need  not  have  been  the  actual  owners  of  the 
property ;  it  is  sufficient  if  they  were  in  the  possession 
of  the  property,  at  the  time  it  was  broken  up  and  de- 
stroyed. If  they  had  a  special  property,  as  for  in- 
stance, if  they  were  bailers  of  the  property,  it  is 
enough. 

The  indictment  is  framed  under  the  117th  section 
of  the  criminal  code,  and  charges  the  defendants  with 
having  committed  a  riot. 

Linder  for  Defendants.  This  case,  gentlemen,  is 
the  last  trial,  the  closing  scene  in  the  comic  tragedy 
which  has  been  played  off  in  your  city.  You  are  to 
determine  the  guilt  or  innocence  of  the  individuals  now 
on  trial,  by  the  law  and  the  evidence  which  shall  be 
given  you,  and  you  will  have  to  beheve  three  things 
before  you  can  find  these  defendants  guilty  :  first,  that 


ALTON    TRIALS.  93 

two  or  more  entered  the  storehouse  \\\i\\  force  and  vio- 
lence, because  that  is  the  charge  contained  in  the  indict- 
ment :  and  here  let  me  say  to  you,  that  you  are  the 
judges  both  of  the  law  and  the  fact ;  the  government 
are  bound  to  satisfy  you  of  the  truth  of  every  allega- 
tion they  have  charged  against  my  clients  :  they  are 
bound  to  satisfy  you  that  certain  facts  existed ;  that 
these  persons  entered  the  storehouse  of  Godfrey  & 
(oilman  with  force  and  violence  ;  that  they  unlawfully, 
riotously,  and  with  force  and  violence,  broke  and  de- 
stroyed the  press  ;  and  that  that  press  was  the  property 
of  the  individuals  whom  they  have  alleged  were  the 
owners  of  it. 

Here  is  the  section  under  which  the  indictment 
is  framed  :  "  If  two  or  more  persons  actually  do  an  \m- 
lawful  act,  with  force  or  violence,  against  the  person  or 
-property  of  another"  &c. 

Now  the  prosecutors  are  bound  to  prove  all  tlicir 
allegations  ;  they  are  bound  to  prove  that  the  building 
was  the  property  of  Oilman  &  Godfrey  ;  that  the  prc^s 
was  the  property,  the  bona  fide  property,  of  Gilman  ife 
(jodfrey;  that  two  or  more  persons,  unlawfully  and 
with /orce  and  violence,  entered  the  building;  thai 
when  they  had  so  entered,  they  broke  up  and  destroyed 
the  press,  with  force  and  violence  ;  and,  further,  that 
they  had  no  right  to  do  so  :  and  if  they  fail  in  proving, 
in  satisfying  you  of  the  truth  of  any  one  of  these  alle- 
gations, you  will  be  bound  to  return  a  verdict  of  "  not 
guilty." 

Murdock.  I  now  propose  to  enter  a  "  noil.  pros, 
against  those  individuals  included  in  the  present  indict- 
ment, who  have  not  come  in," 

Broughton  called  and  sworn.  I  know  nothing  of 
what  took  place  on  the  night  of  the  7th  of  Nov.  last. 
I  was  not  present  at  the  time  of  the  riot ;  have  harl 
conversation  with  some  of  the  defendants  ;  no  particu- 
lar recollection  of  what  passed ;  it  was  a  general  con- 
versation, in  regard  to  the  riot ;  everybody  was  talking 
about  it ;  have  heard  it  spoken  of  by  a  great  many  indi- 


94  ALTON    TRIALS. 

viduals.  I  was  on  the  ground  after  the  battle  was 
fought  ;  did  not  see  the  press  broke  up  ;  did  not  see  it 
that  night,  as  I  recollect ;  saw  a  part  of  it  next  morn- 
ing ;  no  persons  ever  told  me  that  they  broke  it  up, 
and  I  never  made  but  little  inquiry  about  it.  No  propo- 
sition was  ever  made  to  me,  that  [  should  be  the  cap- 
tain of  the  mob.  There  was  a  great  crowd,  when  I  got 
to  the  warehouse,  that  night.  I  don't  know  that  I  saw 
any  of  the  defendants  in  it.  I  went  into  the  warehouse, 
to  look  at  the  corpse  ;  some  one  asked  me  to  do  so, 
and  I  did. 

Henry  H.  West.  On  the  afternoon  of  the  7th,  I 
was  standing  at  the  store  door,  and  I  saw  John  Solo- 
mon coming  along  the  street.  This  was  perhaps  an 
hour  or  an  hour  and  a  half  before  the  mob.  Solomon 
stopped,  and  told  me  that  a  mob  was  gathering ;  that 
preparations  were  making  to  burn  or  blow  up  the  ware- 
house, unless  the  press  was  given  up ;  said  Gilman 
had  been  a  friend  to  him,  and  he  did  not  want  to  see 
him  or  his  property  injured  ;  and  he  requested  me  to  go 
and  tell  Mr.  Gilman  what  was  going  to  be  done.  Soon 
afterwards  I  saw  him  again.  I  went  up  to  my  count- 
ing room,  found  Mr.  Keating,  and  in  company  with  him 
went  up  to  see  Gilman.  I  told  him  what  Solomon  had 
told  me.  I  soon  returned  from  the  warehouse,  came 
down  street  to  the  counting  room,  and  staid  a  little 
while.  I  soon  started  up,  and  as  I  came  into  the  street, 
I  saw  squads  of  men  gathering  about  the  street,  princi- 
pally in  and  before  the  coifee  houses.  I  don't  know 
that  I  recognised  any  of  the  defendants  at  that  time  in 
the  street.  I  started  to  go  up  to  the  warehouse  again, 
and  on  the  way,  met  Dr.  Horace  Beal.  I  asked  him  if 
he  would  not  go  up  with  me.  He  said  no.  I  then 
asked  him  if  he  would  not  use  his  influence  to  induce 
the  mob  to  desist  and  disperse.  He  replied,  he  could 
have  no  influence  with  them,  and  would  do  nothing 
about  it.  I  went  up  and  into  the  warehouse  ;  had  been 
there  but  a  little  while  before  the  mob  came  ;  they 
came  on  the  side  of  the  store  next  the  river.     I  knew 


ALTON    TRIALS.  95 

only  one  of  them.  I  started  to  find  the  Mayor,  Mr. 
Krum.  I  met  him  on  the  street,  talking  to  a  crowd  of 
people.  Among  the  crowd  I  saw  Rock  and  Bruchy.  I 
saw  Morgan  some  where  round  at  that  time,  but  do  not 
recollect  exactly  where.  I  saw  Nutter  early  in  the 
evening  ;  heard  him  say  he  w^as  sorry  to  do  any  thing 
criminal.  While  I  stood  there,  an  arrangement  was 
made,  by  wdiich  Mr.  Krum  was  to  go  into  the  ware- 
house, and  let  them  in  the  house  know  what  the  mob 
wanted.  I  went  into  the  warehouse  again  with  Krum 
and  Mr.  Robbins.  We  came  out  soon,  and  Mr.  Krum 
addressed  the  crowd  that  was  collected.  At  that  time 
I  saw^  Rock  and  Beal  in  the  crowd.  I  soon  saw  the 
fire  applied  to  the  building,  and  ran  down  to  put  it  out. 
I  started  to  go  up  the  ladder  ;  but  desisted,  as  I  found 
guns  were  aimed  at  me,  and  saw  them  flash.  At  the 
time  I  ran  down,  I  saw  Rock ;  he  was  standing  near 
the  ladder.  I  saw  another  man  standing  about  there 
at  tlije  same  time,  whom  I  noticed.  I  did  not  know 
him  at  that  time.  I  see  him  now  ;  it  was  Palmer  ;  he 
had  no  gun  then,  f  saw  Frederick  Bruchy  there  at  that 
time  ;  he  was  swearing  a  good  deal.  Soon  after  this  I 
w-ent  up  and  stood  at  the  corner  of  the  Penitentiary 
wall.  1  saw  Bcal  there  ;  he  had  a  gun.  It  was  soon 
said  that  the  people  inside  would  give  up.  I  went 
again  into  the  crowtl,  and  run  round  the  warehouse  to 
help  them  get  away  if  I  could.  I  went  up  the  river  a 
little  way,  thinking  that  would  be  the  best  direction  for 
them  to  run  when  they  left  the  building.  Some  one 
called  out  to  me,  and  told  me  to  "  stand''*  or  they  would 
shoot.  I  turned  round — saw  Oilman  and  the  others  at 
the  door,  and  requested  them  to  wait  a  few  minutes. 
I  turned  and  assured  the  crowd  that  Lovejoy  was  dead, 
and  told  Mr.  Oilman  and  others  to  run  then.  They  did 
so.  I  then  run  round  the  building  and  up  the  ladder  to 
put  out  the  fire  on  the  roof  of  the  building,  and  called 
to  them  below  to  help  put  out  the  fire.  Dr.  Bcal  run 
down  to  the  river,  and  soon  came  back  and  said  he 
could  find  nothing  to  bring  any  water  in.    I  took  oft' my 


9fi  ALTON    TRIALS. 

hat  and  threw  it  down  to  them.  Dr.  Hope  picked  it 
up,  filled  it  with  water,  brought  it  to  me,  and  I  put  out 
the  fire.  I  came  down  the  ladder  and  went  into  the 
warehouse.  I  saw  Lovejoy  laying  there.  I  went  up 
into  the  garret ;  as  I  came  down  I  saw  Gerry,  (one  of 
those  who  had  been  in  the  warehouse,)  and  secreted 
him.  I  watched  for  an  opportunity,  (as  he  was  rather 
disinclined  to  remain  there,)  took  him  down  stairs  with 
me,  saw  the  way  was  clear,  and  told  him  to  run.  He 
did  so.  I  saw  Beal  again  then,  and  Jacob  Smith.  This 
was  the  only  time  I  saw  Smith  that  evening.  At  this 
time  I  recognised  Butler's  voice.  I  saw  Palmer  too,  I 
think.  About  the  time  the  fire  was  set  to  the  buildings 
he  was  near  the  ladder.     I  don't  think  I  saw  Solomon. 

I  went  into  the  warehouse  with  the  crowd.  I  went 
in  before  the  press  was  thrown  out — at  that  time  I  went 
into  the  counting-room.  When  I  went  out,  I  saw  some 
one  breaking  up  the  press,  I  don't  know  who ;  I  did  not 
notice,  as  I  was  anxious  about  Gerry.  I  made  some 
remark  to  divert  the  attention  of  the  mob  from  him,  and 
told  him  to  run.  I  don't  know  what  Palmer  did.  I 
don't  think  I  saw  Palmer  on  the  gi'ound.  1  saw  him 
early  in  the  evening  in  the  coffee-house — he  was  talking 
loud,  but  I  don't  know  what  he  said.  When  I  saw 
Beal  he  had  a  gun,  and  was  standing  next  the  peniten- 
tiary wall. 

I  was  the  first  who  went  into  the  warehouse  after 
Gilman  and  the  others  left  it.  I  saw  Rock  at  the  foot 
of  the  stairs.  I  saw  Dr.  Beal  up  stairs.  We  went  to- 
wards where  Lovejoy  laid,  nearly  together.  I  saw  a 
good  many  of  our  citizens  in  the  warehouse  soon  after- 
wards. I  saw  Rock  and  Beal  there  early,  before  the 
press  was  thrown  out  of  the  house.  Dr.  Beal  went 
with  me  into  the  counting-room — think  Beal  had  no 
arms  by  him  at  that  time.  When  I  saw  Rock  at  the 
time  the  fire  was  set  to  the  warehouse,  he  was  standing 
some  distance  this  side  of  the  ladder — he  had  a  gun. 
Dr.  James  Jennings  had  a  gun.  I  believe  he  has  taken 
French  leave.    I  saw  Solomon  Morgan  some  time  during 


ALTON    TRIALS.  97 

the  evening,  on  the  street — he  seemed  crazy — was  rally- 
ing the  boys  as  he  called  ihem — he  had  no  gun,  I  think. 
I  did  not  see  the  commencement  of  the  attack  upon  the 
warehouse.  I  was  in  the  building  at  that  time.  I 
understood  the  attack  was  made  entirely  upon  the  side 
of  the  house  next  the  penitentiary  wall. 

The  guns  were  first  fired  by  those  outside  ;  the  win- 
dows were  all  broken  while  I  was  in  the  building ;  at 
the  time  I  was  conversing  with  Mr,  Oilman,  I  was  a 
good  deal  exposed  by  the  attack  made  from  without. 

The  mob  poured  into  the  warehouse  soon  after  Mr. 
Oilman  and  the  rest  left  it — soon  after  the  fire  was  put 
out.  I  went  into  the  warehouse  on  the  fron-t  side ;  and 
don't  know  how  the  mob  got  in.  I  went  in  because  I 
was  anxious  that  no  property  should  be  injured  or  des- 
troyed ;  there  were  a  good  many  candles  burning  about 
in  the  store,  and  I  thought  there  was  danger  of  injury  to 
the  property.  When  I  saw  Dr.  Beal  at  the  penitentiary 
wall,  it  was  about  the  time  the  fire  was  first  set  to  the 
building.  I  do  not  know  whether  any  guns  were  fired 
from  that  quarter  at  that  time  or  not.  I  heard  guns 
fired  at  that  time ;  and  saw  the  flash,  but  don't  know 
whether  it  was  in  the  place  where  Dr.  Beal  was  stand- 
ing or  not.  I  recognised  Morgan  encouraging  the 
*'  boys  ;"  he  said,  "go  and  finish  your  work,"  and  a  good 
many  other  expressions.  When  I  saw  Rock  he  had  a 
gun ;  and  Beal  had  a  gun  when  he  stood  up  by  the  peni- 
tentiary wall ;  he  stood  behind  or  close  by  some  salt 
barrels  which  laid  there  ;  I  saw  both  Beal  and  Rock 
inside  the  warehouse  before  the  press  was  thrown  out — 
as  soon  as  it  was  found,  I  left  and  went  down  stairs — 
they  were  moving  it  when  I  turned  away — I  don't  know 
who  the  persons  were  who  moved  it.  I  thought  I  heard 
Butler's  voice  under  the  bluff  as  I  was  told  to  ^'  stand" 
when  T  was  going  up  the  river — I  was  on  the  ground 
when  the  ladder  was  brousjht — I  don't  know  who  brought 
it  there — I  saw  it  laying  on  the  ground  ;  when  it  was 
put  up  to  the  building  I  was  standing  some  distance 
olT;  it  was  up  when  I  saw  Rock  standing  therewith 

9 


9S  ALTON    TRIALSV 

his  gun  ;  the  fire  had  been  put  on  the  roof  at  that  tirne^ 
When  I  was  running  round  the  warehouse.  Rock  told 
me  I  had  better  keep  away.  I  did  not  hear  Beal  call 
the  boys  to  rally  after  the  press  was  destroyed.  I  did 
not  hear  any  thing  said  about  preventing  any  arrest ; 
when  John  Solomon  told  me  that  preparations  were 
making  to  burn  or  blow  up  the  warehouse,  if  the  press 
could  not  be  got  without,  I  do  not  recollect  wdiether  he 
used  the  w^ord  "  We"  or  "  They."  Godfrey  &  Oilman 
were  in  the  occupancy  and  possession  of  the  building : 
the  press  was  in  the  warehouse  ;  Solomon  appeared  to- 
be  anxious  about  the  safety  of  Mr.  Gilman  ;  said  he  had 
been  a  friend  to  him.  I  do  not  recollect  what  day  of  the 
month  the  riot  was,  it  was  in  November  last,  the  first 
part  of  the  month,  in  the  corporate  limits  of  the  City  of 
Alton. 

Cross-examined.  The  warehouse  is  built  of  stone,, 
was  occupied  by  Godfrey  &  (nlm.an  for  selling  goods  ;. 
their  house  is  a  commission  and  storage  and  forwarding 
house. 

Q.  By  Linder.  Do  you  know^  whether  they  keep 
printing  presses  for  sale  by  wholesale  or  retail?  A7is. 
I  do  not. 

Q.  By  same.  Do  you  know  w^ho  that  press  be- 
longed to  ?  Ans.  I  do  not :  I  understood  that  it  either 
belonged  to  Lovejoy  or  was  under  his  control. 

Q.  By  same.  Did  you  hear  any  thing  said  while 
you  were  in  the  warehouse  that  night  about  the  owner- 
ship of  the  press  ?     Ans.  I  did  not. 

John  M.  Krum.  The  riot  was  on  the  night  of  the 
7th  of  November  last ;  at  the  time  I  first  had  informa- 
tion, I  went  to  the  spot  with  Mr.  Robbins.  I  first  met, 
if  I  recollect  rightly,  those  who  were  carrying  Bishop. 
Bruchy,  Solomon,  Morgan,  Butler,  Carr,  Palmer,  were 
among  them.  I  went  up  to  them  as  they  were  carry- 
ing Bishop  to  Dr.  Hart's  ofiice.  I  inquired  of  them  if 
any  one  was  hurt ;  was  told  some  one  of  "  our"  or 
'•  their"  company  was  shot.  I  asked  if  he  was  hurt 
badly ;  was  told  they  thought   not.     I  endeavored  to 


ALTOX    TRIALS,  99 

persuade  ilieni  to  disperse.  Carr,  Palmer,  and  Morgan, 
conversed  with  me ;  soon  Bruchy  came  up  again,  and 
some  others  I  did  not  know.  All  seemed  a  good  deal 
excited.  I  asked  them  what  they  wanted  ;  Carr,  I 
tliink  it  was,  answered  me  that  all  they  wanted  was 
the  press  ;  that  lliey  did  not  want  to  injure  any  one  or 
any  one's  property,  but  that  they  wanted  the  press,  and 
would  have  it,  I  used  all  the  means  in  my  power  to 
induce  them  to  disperse.  I  told  them  of  the  penalties 
and  habilities  they  were  incurring ;  quite  a  crowd  had 
gathered  round  me  by  this  time. 

Some  one,  I  don't  know  who,  first  proposed,  and 
afterwards  Carr  repeated  the  proposition,  that  T  should 
go  into  the  warehouse  and  let  the  people  who  were  in- 
side know  what  they  wanted.  1  think  Palmer  urged 
the  proposition.  This  is  all  which  I  recollect  of  it  at 
that  lime.  When  I  first  went  up,  the  crowd  were  do- 
ing nothing,  they  seemed  a  good  deal  excited,  and  were 
talking  loud  and  angrily.  I  saw  Dr.  Beal  that  evening  ; 
I  saw  him  for  the  first  time  standing  before  me  when 
I  addressed  the  crowd  after  I  came  out  of  the  ware- 
house- I  think  he  spoke  to  me.  At  this  time  the 
mob  were  some  distance  from  the  warehouse.  Beal 
said  something  about  the  conduct  of  those  who  had  shot 
Bishop.  This  was  after  I  had  come  out  of  the  build- 
ing. 1  next  saw  Dr.  Beal,  in  State-street,  as  I  was 
standing  by  the  corner  of  Mr.  Marsh's  building ;  he» 
Dr.  Beal,  came  down  State-street,  passed  by  where  I 
stood,  and  went  down  towards  the  river;  he  had  a  gun 
by  his  side  at  that  time;  the  first  time  I  saw  him  he 
had  no  gun  ;  at  the  time  I  saw  him  with  a  gun  he  was 
going  towards  the  river ;  he  came  down  State-street  ; 
he  was  alone.  A  person  might  go  down  State-street 
and  so  up  Front-street  to  CJodfrey  &  Oilman's  ware- 
house ;  I  say  he  might  do  so,  he  could  if  the  river  was 
not  too  hish.  I  do  not  know  how  high  the  river  was 
lliat  night ;  neitlier  do  I  know  that  he  went  to  Front - 
street.  I  noticed  him  a  moment  or  so  as  he  was  pass- 
ing along  in  State-street,     I  was  not  at  the  warehouse 


100  ALTON    TRIALS. 

immediately  at  the  destruction  of  the  press;  it  was 
broken  up  when  I  got  there.  I  saw  Solomon  Morgan 
at  that  time  ;  I  mean  when  I  got  to  the  warehouse  after 
it  was  given  up.  I  saw  Mr.  Nutter  there,  but  I  do  not 
know  his  christian  name  ;  he  keeps  a  livery  stable  in 
Upper  Alton  ;  I  see  him  now,  he  is  the  same  person. 
I  think  T  saw  Bruchy  ;  there  was  such  a  crowd  and  the 
candle  light  struck  me  in  such  a  direction,  that  it  par- 
tially blinded  me ;  I  could  not  see  faces  distinctly. 
When  I  saw  the  men  I  have  mentioned,  I  stood  by  the 
side  of  Mr.  Greeley.  I  noticed  Solomon  Morgan  ;  he 
was  making  a  good  deal  of  noise.  Bruchy  and  Beal, 
were  there,  standing  near  ;  they  were  domg  nothing.  I 
don't  think  I  saw  Rock  at  the  south  end  of  the  building 
(side  where  the  press  was  broken)  at  all.  I  did  see  him 
that  night ;  the  first  time  was  when  Bishop  was  carried 
to  Dr.  Hart's  office.  I  did  not  speak  to  him,  nor  did  I 
hear  him  speak  at  that  time  as  I  recollect.  As  I  went 
towards  the  warehouse,  when  I  was  going  in  I  saw 
him  ;  he  was  standing  a  little  distance  off^  and  as  I  came 
out  I  also  saw  him  ao^ain  ;  I  saw  him  aofain  after  I  had 
addressed  the  crowd ;  the  next  time  1  saw  him  was  in 
State-street ;  my  attention  was  called  to  him  by  a  reply 
he  made  to  young  Pinchard.  I  spoke  to  him,  stopped 
him,  and  he  walked  off;  he  had  a  gun  in  his  hand  at  the 
time. 

When  I  saw  Dr.  Beal  at  the  time  they  were  break- 
ing up  the  press,  he  made  a  remark  like  this,  "  Now 
boys  we  must  stick  together  ;  and  if  any  one  is  arrested 
we  must  come  to  the  rescue."  This  was  when  the 
press  was  broken  up  and  nearly  all  thrown  into  the 
river.  I  don't  recollect  that  I  saw  Carr  at  that  time.  I 
was  standing  at  the  corner  of  State-street,  near  Marsh's 
store,  at  the  time  the  warehouse  was  entered.  After  I 
went  into  the  buildinor  I  saw  Drs.  Beal  and  Jennings 
in  the  building.  These  are  the  only  ones  of  the  de- 
fendants I  recollect  to  have  seen  in  the  building.  I 
was  there  but  a  few  moments.  At  the  time  I  com- 
manded the  crowd  to  disperse,  Solomon  and  Palmer 


ALTON    TRIALS.  lOl 

^tood  near  me.  I  don't  recollect  that  I  saw  Smith  at 
all.  Butler  I  saw  in  Second-street  when  I  first  went 
along.  I  did  not  see  him  again  that  night.  He  had  a 
gmi  at  that  time.  When  Dr.  Beal  said,  "  Now  boys, 
we  must  stick  together,'- &:c.,  Bruchy  stood  in  front 
of  him ;  and  I  think  Butler  also,  although  I  am  not 
positive  about  Butler,  At  the  time  Dr.  Beal  made  the 
remark,  there  were  but  two  or  three  persons  very  near 
him.  I  think  Butler  was  one  of  them,  though,  as  I 
said  before,  I  am  not  positive.  One  of  those  who 
stood  near  him  was  a  stranger  to  me.  Beal  had  a  gun 
in  his  hand  at  the  time.  I  could  not  see  unless  I  stood 
upon  something.  One  of  them  had  arms.  I  think  it 
was  Butler.  While  standing  there  I  was  several  times 
crowded  off  the  box  I  was  standing  on.  I  heard  no 
guns  fired  while  I  stood  there.  Hammers  were  flying 
pretty  busily,  and  it  was  somewhat  dangerous  standing 
there. 

Cross-examined.  I  am  not  positive  whether  Dr 
Beal  said  "  Now  boys  •?rc"  must  stick,  or  "  yow"  must 
stick  together,  &c.  I  think  he  used  the  word  "  weP  I 
saw  Bruchy  and  Morgan  use  the  hammer  in  breaking 
up  the  press.  I  saw  Nutter  throw  pieces  into  the 
river.  I  think  I  saw  some  of  the  present  defendants 
breaking  up  the  press.  The  press  had  been  thrown 
out  before  I  got  to  the  building.  Lovejoy  had  been 
killed  when  Beal  made  the  remark  I  have  repeated.  I 
don't  know  what  Dr.  Beal  alluded  to.  I  think  [  have 
given  his  remark  verbatim.  All  the  persons  whom  I 
have  said  I  saw  were  out  of  the  house.  They  stood  a 
little  east  of  the  store  door.  The  press  was  broken  up 
about  where  this  and  another  warehouse  join  together. 
I  heard  the  crowd  say,  all  they  wanted  was  the  press. 
I  heard  Beal,  when  I  closed  my  remarks  to  the  crowd, 
address  some  words  to  me,  but  what  they  were  I  can't 
swear.  It  was  about  the  time  I  received  a  shot.  There 
were  a  great  man}'-  people  standing  roimd  during  the 
greater  part  of  the  riot ;  and  I  heard  others  besides  those 
who  were  armed  say,  that  they  wanted  the  press.     At 

9* 


102  ALTON    TRIALS. 

(iiie  time  I  should  think  there  were  200  people  in  State 
and  Second  streets. 

I  don't  know  who  the  press  belonged  to.  1  don't 
know  whether  Mr.  Lovejoy  claimed  it  or  not.  I  heard 
Lovejoy  speak  of  the  press,  but  I  don't  know  whether 
he  said  any  thing  about  the  ownership  of  it.  I  don't 
know  who  went  into  the  house  and  threw  the  press  out. 

Q.  By  Linder.  The  press  was  broken  on  the  wharf, 
w^as  it  not  ?     Aris.  It  was. 

Q.  By  same.  Was  it  broken  near  the  river  ?  A?2s. 
Not  very  near. 

Q.  By  same.  If  the  pieces  had  not  been  throwii 
into  the  river,  w^ould  they  not  have  been  in  the  way  of 
drays  ?     A7is.  They  might. 

Examined  again  b}^  people's  Counsel.  I  never  saw 
the  press.  I  saw  some  boxes  in  which  I  was  told  the 
press  was. 

Sherman  W.  Robbins  was  now  called,  but  stood 
aside  at  the  request  of  defendant's  Counsel,  who  said 
that  Mr,  W.  S.  Gilman  had  been  summoned  as  a  wit- 
ness, and  was  in  court ;  and  that  he  was  anxious  to  be 
released  from  attendance  as  soon  as  was  possible. 

They,  therefore,  proposed  that  he  should  be  examin- 
ed at  the  present  time,  and  after  his  examination  was 
concluded,  the  remaining  witnesses  for  the  people  could 
be  called. 

Consent  having  been  given  by  the  Counsel  for  the 
People  to  this  arrangement, 

Winthrop  S.  Gilman,  was  called  by  the  defendants' 
Counsel,  and  sworn,  and  testified  as  follows  : — The 
press  which  was  destro3^ed  on  the  night  of  the  7th  of 
November  last,  was  received  by  us  on  storage,  at  the 
request  of  Mr.  RofF.     It  was  not  owned  by  us. 

Cross-examined  by  Counsel  for  Government. — The 
press  was  in  the  possession  of  Benjamin  Godfrey  and 
Winthrop  S,  Gilman  ;  I  did  not  know  how  the  last 
press  came  to  be  sent,  nor  who  sent  it.  Godfrey  & 
Gilman  own  the  store  ;  it  has  been  built  since  1833  or 
1834.     We  have  title  deeds  to   the  property.      Linder 


ALTON    TRIALS.  103 

objects  to  evidence  of  this  kind  as  to  the  ownership  of 
the  building.  "  Title  deeds  are  the  best  evidence  of 
property,  let  them  be  produced."     Objection  sustained. 

I  was  one  of  those  who  were  in  the  building  on  the 
night  of  the  riot.  We  were  forced  to  leave  the  build- 
ing by  the  mob  :  the  first  attack  was  made  by  stones, 
which  were  thrown  against  the  building  ;  a  gun  and  a 
pistol,  as  I  thought,  were  then  fired  by  those  on  the  out- 
side ;  there  was  firing  then  from  both  parlies  ;  after  this 
there  was  a  short  intermission  ;  firing  soon  was  again  re- 
sorted to,  and  in  a  little  while  the  fire  was  put  to  the  roof 
of  the  store.  Mr.  West  gave  us  this  information.  We 
soon  left.  We  left  the  store  to  prevent  its  being  burnt 
up.  We  received  the  communication  from  West  that  the 
fire  was  actually  kindled  ;  the  press  was  in  a  box  ;  there 
Avas  a  cast-iron  roller,  however,  which  composed  a 
part  of  it,  that  was  not  in  a  box  ;  the  boxes  which  were 
taken  out  of  the  store,  and  which  contained  the  press 
that  was  destroyed,  were  the  same  that  were  receiv- 
ed on  the  6th  of  November,  when  Mr.  Krum  was 
present. 

I  don't  know  that  I  recognised  any  one  of  the  mob, 
unless  it  was  Carr.  When  the  mob  first  came  up  to 
the  building,  and  after  I  had  addressed  them,  I  think  it 
was  Carr  who  answered  me.  I  judged  it  to  be  him 
from  the  voice  and  appearance.  He  said  they  would 
have  the  press  at  the  risk  of  their  lives.  I  saw  no  one 
else  whom  I  recognised.  We  left  the  building, 
persuaded  that  our  lives  would  have  been  sacrificed  if 
we  had  remained.  The  building  was  occupied  by 
Godfrey,  Gilman  &  Co.,  Mr.  Benjamin  (Todfrey  and  my- 
self. After  we  left  the  store  several  guns  were  fired  at 
us  ;  no  one  was  wounded  that  I  know  of.  None  of 
the  shot  took  effect  upon  my  clothes.  I  understood 
that  they  did  upon  some  of  the  others  :  these  guns 
were  fired  by  the  mob  outside. 

Q.    By    Cowles  for   Government.      If  you  receive 
goods  for  storage,  are  you  or  are  you  not  liable  ? 

Tiinder.     You  need  not  answer  the  question,  witness. 


104  ALTON    TRIALS. 

I  regret,  your  honor,  that  I  feel  called  upon  by  a 
sense  of  duty,  to  interpose  objections  so  often,  to  the 
different  questions  which  are  propounded  by  the  Coun- 
sel for  the  People.  It  is  matter  of  regret  to  me,  and 
I  fear  that  I  may  fall  under  the  displeasure  of  the  Court 
by  so  doing.  But  I  cannot  sit  still  and  permit  ques- 
tions to  be  asked  of  the  witness,  so  plainly,  so  positive- 
ly, and  so  absolutely  improper  as  this.  When  the  witness 
is  asked  whether  he  is  not  liable  for  the  loss  of  goods 
in  his  hands  on  storage,  what  is  it  but  asking  the  witness 
to  be  a  judge  ?  The  question  of  liability  is  a  pure  ques- 
tion of  law  ;  one  which  the  witness  is  presumed  not  to 
know  ;  which  he  is  to  be  presumed  to  be  incompetent 
to  decide,  and  one  which,  whether  he  knows  or  not,  he 
will  not,  I  trust,  be  permitted  to  answer.  If  witness- 
es are  to  be  allowed  to  testify  as  to  points  of  law,  why  do 
you  sit  on  that  bench  ? — or  why  has  our  statute  declar- 
ed that  the  Jury  shall  be  the  judges  of  both  law  and 
fact  ?  If  there  has  been  any  contract  of  responsibility 
entered  into,  by  which  this  witness  is  liable  for  this  pro- 
perty, let  the  witness  be  inquired  of  concerning  such 
contract ;  let  him  give  us  the  facts  of  the  case,  and  we 
will  take  care  of  the  law. 

But  suppose  he  is  responsible  :  does  that  fact  make 
him  the  owner  of  the  press  ?  does  that  fact  vest  the 
property  in  him  ?  It  puts  a  special  property  in  him  I 
admit,  but  I  wish  to  lay  down  the  doctrine  here,  as 
I  shall  lay  it  down,  by  and  by,  to  the  jury  ;  that  it  is 
not  sufficient  to  sustain  the  allegation  in  this  indictment, 
that  Godfrey  &c  Gilman  should  have  had  a  bare  special 
property  in  this  press.  When  a  man  is  indicted  for 
stealing  property,  it  is  not  competent,  it  is  not  sufficient 
to  prove  a  special  property  barely,  in  the  individual 
whose  property  is  alleged  to  have  been  stolen. 

The  property  must  be  proved  to  belong  to  him,  in 
whom  it  is  alleged  to  have  been,  at  the  time  it  was  sto- 
len. It  is  useless  to  travel  back  to  the  "  Form  Books," 
to  prove  the  truth  of  this  doctrine.  Our  statute  lays 
down  the  law — prescribes  the   rules — and  it  is  there 


ALTON    TRIALS.  105 

positively  and  expressly  declared  that  the  property  must 
be  alleged  and  proved  to  be  the  property  of  another  in- 
(hvidual. 

1  care  not  what  the  English  law  says,  when  our  sta- 
tute declares  that  the  property  must  belong  to  another 
individual. 

And  now  an  attempt  is  made  to  show  a  special  pro- 
perty in  the  men  in  whom  the  actual,  the  general 
property  is  laid  !  How  are  statutes  to  be  construed  ? 
how  is  the  criminal  code  to  be  construed  ?  Is  it  to  be 
done  in  such  a  way  as,  if  possible,  to  make  it  reach  a 
man  ?  in  such  a  way  as  to  make  it  cover  a  case  ?  is  it 
to  be  stretched  ?  is  it  to  be  strained  till  it  fits  ?  Jf  so, 
America,  like  England,  may  boast  of  having  a  Jeffries. 

But  our  code  is  by  itself;  it  has  no  reference  to 
common  law  ;  it  is  a  code  of  enacted  offences.  Crimes 
under  our  laws  are  specially  defined.  Certain  acts,  or 
certain  acts  done  in  a  particular  manner,  have  been  laid 
down  as  criminal ;  and  where,  as  in  our  state,  statutes 
define  what  shall,  or  what  shall  not  constitute  crime, 
the  common  law  definition  is  dispensed  with.  When 
statutes  have  altered  an  offence,  enlarged  or  limited  the 
boundary  of  crime,  it  is  for  the  Court  to  give  such  con- 
struction to  those  statutes  as  it  may  deem  proper :  it  is 
for  the  Court  to  say  whether  it  will  give  such  a  broad 
construction  to  the  statute  as  will  cover  this  case. 
What  the  statute  means  when  it  speaks  of  persons,  it 
means  when  it  speaks  of  property.  When  it  speaks  of 
persons,  it  means  natural  persons ;  and  so  when  it 
speaks  of  property,  it  means  general  property  :  when 
it  speaks  of  ownership,  it  means  general  ownership. 
This  witness  proves  that  the  press  was  not  owned  by 
Godfrey  &  Oilman,  that  they  had  no  property  in  it.  Is 
not  that  falsifying  the  indictment  ?  that  alleges  that  the 
press  was  the  property  of  Godfrey  &  Gilman  ;  this 
man  disproves  it. 

Suppose  these  individuals  were  indicted  for  liavmg 
destroyed  this  press,  the  prosecution  alleging  it  to  be 
the  property  of   Lovejoy  ?  would   an   acquittal,  under 


106  ALTON    TRIALS. 

such  an  indictment,  bar  another  one  which  should 
charge  the  property  in  the  actual  owner  ?  If  the  Court 
should  so  construe  the  statute  as  to  refine  and  whittle 
away  the  law,  I  put  confidence  in  the  jury  ;  I  know  an 
honest  jury  will  always  rally  to  the  rescue. 

Cowles  in  reply.  Per  curiam.  It  is  unnecessary  to 
proceed.  The  Court  is  called  upon  to  put  a  construc- 
tion upon  the  statute.  If  examined,  it  will  be  seen 
that  our  lawgivers  did  not  intend  to  modify  any  general 
principles  of  the  common  law.  Our  science  of  juris- 
prudence is  derived  from  the  English  common  law. 

The  Court  will  hazard  the  general  remark,  that  no 
decision  can  be  found  where,  in  ordinary  cases,  although 
it  is  necessary  that  property  in  some  one  should  be 
charged  and  proven,  any  distinction  is  made  between  a 
general  and  special  property.  I  defy  gentlemen  to  pro- 
duce such  an  authority.  What  the  statute  intends  when 
it  speaks  of  property,  is  simply  that  the  property  alleged 
to  have  been  destroyed  should  be  charged  as  the  pro- 
perty of  another,  which  may  be  either  a  general  or 
special  property. 

The  jury  are  the  judges  of  the  law  and  the  fact ; 
and  if  the  persons  in  whom  the  property  is  laid  have 
either  a  general  or  special  property,  it  is  sufficient  for 
the  jury  to  consider  whether  the  law  arising  on  such 
facts  is  sufficient  to  satisfy  the  allegation  in  the  indict- 
ment as  to  ownership. 

The  objection  is  therefore  overruled.  • 

By  the  Witness.  When  we  receive  property  on 
storage  we  consider  ourselves  responsible  to  the  owner 
for  any  loss  or  damage  while  it  is  in  our  hands.  We 
had  a  case  a  short  time  ago  where  we  had  to  pay  the 
damage  which  the  property  sustained  while  in  our  pos- 
session. We  have  been  engaged  somewhat  extensively 
as  forwarding  merchants.  We  now  turn  over  such 
business  to  another  house,  although  we  do  receive  and 
forward  some  goods  for  some  few  friends. 

Q.  By  Cowles  for  people.  Are  you  responsible  to 
any  one  for  this  press  ? 


ALTON    TRIALS.  107 

Q.  Objected  to  by  defendants'  counsel,  but  objec- 
tion overruled,  and  a  bill  of  exceptions  tendered. 

Alls.    We  paid  the  charges  upon  it. 

Q.  By  same.  Have  you  paid  or  do  you  expect  to 
pay  any  thing  for  this  press  ? 

Ans.  I  will  state  the  facts.  When  the  press  was 
sent  for,  the  one  that  was  taken  from  Gerry  &  Weller's 
store,  and  destroyed,  I  had  an  interest  in  it,  to  the 
amount  of  $100.  The  press  was  destroyed,  but  not 
the  types,  and  this  last  press  came  on  to  supply  the 
place  of  that  one. 

Q.  By  Linder  for  defendants.  Who  contributed 
to  that  first  press  you  speak  of? 

Ajis.  Deacon  Long  of  Upper  Alton,  and  I  think  a 
number  of  gentlemen  at  Quincy,  but  I  don't  know  who 
they  were.  I  subscribed  first,  I  think,  and  I  believe  I 
did  not  see  the  paper  after  I  set.  my  name  down. 

Q.  By  same.  Did  Mr.  Godfrey  subscribe  any 
thing  towards  that  press  ?     Aris.  He  did  not. 

Q.  By  Sawyer  for  defendants.  Who  compose  the 
firm  of  Godfrey,  Gilman,  &  Co.  ?  Ans.  Benjamin 
Godfrey,  and  myself. 

Q.  By  same.  Is  there  no  one  else  interested  in  it  ? 
Ans.  Not  at  present.  Originally  my  brother,  Arthur, 
was  interested  with  us,  but  his  death  dissolved  the 
firm. 

Q.  By  same.  Are  not  your  brother  Arthur's  heirs 
interested  ?     Ans.   Thev  are  not. 

Sherman  W.  Robbins,  was  now  recalled  by  the 
Government  and  sworn.  My  testimony  would  corro- 
borate that  of  Mr.  Krum's  up  to  the  time  he  addressed 
the  crowd  ;  soon  after  that  we  parted.  I  went  into  the 
warehouse  at  the  time  Mr.  West  went  in.  1  only  went 
into  the  cellar  room.  I  recognised  but  one  of  the  de- 
fendants in  the  building;  that  one  was  Rock.  I  did 
not  go  up  stairs ;  I  was  satisfied  they  would  do  no  in- 
jury to  any  of  the  property  in  the  building,  except  the 
press,  and  turned  round  and  came  out.  I  under- 
stood the   object  the  mob  had  was  to  obtain  the  press  ; 


108  ALTON    TRIALS. 

I  understood  this  from  Carr,  and  Palmer,  and  I  think 
Bruchy,  but  as  to  him  I  am  not  very  positive,  nor  am  I 
certain  as  to  Palmer ;  there  were  two  or  three  who 
made  the  declaration  ;  they  said  they  would  have  the 
press  at  all  hazards.  1  understood  from  the  mob  that 
they  would  have  the  press,  if  they  had  to  burn  the  build- 
ing to  get  it.  I  would  not  swear  positively  who  made 
the  remark.  I  understood  so  from  Carr ;  and  I  think 
Palmer  also,  but  as  I  said  before,  I  would  not  swear 
positively. 

By  Cowles  for  people.  State  if  you  commanded 
Carr  and  Palmer  to  disperse,  and  if  so,  state  whether 
any  resistance  was  made,  and  by  whom.  Objection 
raised  by  counsel  for  defendants,  because  the  individual 
has  been  already  tried  and  acquitted  for  the  offence. 
But  per  Curiam.  The  fact  is  proper  to  go  to  the  jury 
as  showing  the  intention  of  the  parties.  To  this  the  de- 
fendants' counsel  tendered  exceptions.  I  don't  know 
that  I  saw  Palmer  after  the  fire  was  kindled,  in  the 
street ;  I  did  see  him  before  and  desired  him  to  go 
home.  Palmer  took  hold  of  me  and  said,  "I  must,"  or 
I  had  better  go  away,  that  he  did  not  want  to  injure 
me  ;  but  he  said  the  press  would  be  had  at  all  events. 
I  can't  swear  whether  he  said  "  /ie"  or  "  ^Aez/"  woaki 
have  it ;  but  he  did  use  one  or  the  other  of  the  expres- 
sions. I  saw  Solomon  early  on  the  ground,  in  Short- 
street  ;  I  saw  him  in  no  other  place  ;  he  was  doing 
nothing  ;  he  took  no  part  as  I  saw-;  he  was  running 
about ;  T  don't  know  that  I  heard  him  say  any  thing  till  1 
heard  him  say  he  was  wounded.  I  saw  Morgan  all 
about ;  he  was  crazy  or  drunk  ;  I  thought  he  could  not 
have  superintended  any  thing ;  he  made  a  great  noise  ;  I 
did  not  see  him  do  any  thing.  I  saw  Dr.  Beal,  but  I 
don't  know  where  or  at  what  time ;  I  think  it  was 
when  the  press  was  first  thrown  down ;  he  had  no  arms 
as  I  recollect.  T  saw  Jennings  ;  he  had  a  gun  ;  it  is  re- 
ported that  he  has  gone  to  "  parts  unknown."  I  did 
not  see  Jacob  Smith,  nor  Butler,  through  the  evening 
to  recognise  them.     I  saw  Carr,  when  I  first  went  up 


ALTON    TRIALS.  109 

to  llie  place,  and  afterwards  two  or  three  times ;  he  re- 
quested me  to  go  in  the  warehouse  and  see  if  tiie  people 
there  would  give  up  the  press.  I  understood  from  him 
that  they  had  determined  to  have  the  press.  I  don't 
know  that  I  saw  him  after  that  lime.  I  recognised 
Rock  but  oiKie,  and  that  was  when  I  went  mto  the 
building  after  the  press  was  given  up.  The  press  was 
pitched  out  from  the  upper  story  on  the  ground,  it  fell 
on  a  stone  I  think.  I  saw  Bruchy,  but  -don't  recollect 
where.  I  don't  know  who  broke  up  the  press;  when  I 
left  no  blow  had  been  struck  upon  it.  When  I  left  1 
went  into  the  counting-room  and  staid  till  morning.  I 
think  the  people  inside  were  compelled  to  leave.  If 
they  had  remained  they  would  have  been  burned  up.  I 
know  of  their  having  been  shot  at  as  they  were  leaving 
the  building,  only  from  report. 

Cross-examined.  At  the  time  I  met  Palmer  he 
was  doing  nothing;  he  was  someway  from  the  ware- 
house in  the  street,  probably  walking  this  way  ;  I  did  not 
see  him  doing  any  thing  that  night ;  I  saw  him  three  or 
four  times  between  the  time  Bishop  was  shot  and  the 
lime  the  building  was  fired ;  he  was  doing  nothing ;  he 
was  anxious  [  should  go  into  the  warehouse  and  see  if 
the  press  could  not  be  given  up ;  he  appeared  anxious 
that  nothing  should  be  injured  unless  it  was  the  press  ; 
he  said  the  building  would  be  destroyed  if  the  press  was 
not  given  up  ;  he  wished  me  to  go  in  and  see  if  I  could 
not  persuade  them  to  give  up  the  press ;  he  seemed  to 
think  that  if  it  could  be  given  up  it  would  save  burning 
the  building ;  I  do  not  know  that  he  spoke  of  himsen. 
I  don't  know  who  threw  the  press  out  nor  who  broke  it 
up.  I  don't  know  whether  Rock  was  where  the  press 
was  or  not ;  I  saw  him  on  the  floor  of  the  first  story  ;  I 
can't  say  whether  he  went  farther  up  or  not. 

The  court  at  this  time  twenty  minutes  past  1  o'clock, 
adjourned  till  2  P.  M. 

At  the  opening  of  the  Court  in  the  afternoon  Samuel 
L.  Miller  was  called  by  the  government  and  sworn. 

On  the  night  of  the  7th  of  November  last,  shortly 

10 


I  10  ALTON    TRIALS. 

after  sunset,  I  noticed  people  gathering  in  Second* 
street.  I  saw  John  Solomon.  He  told  me  that  they 
were  about  to  attack  the  warehouse  and  break  up  the 
press — that  if  they  could  not  get  it  by  fair  means,  he 
was  afraid  they  would  have  it  by  foul  means.  He 
went  on  to  tell  me  that  he  should  be  sorry — that  Mr. 
Oilman  Avas  a  friend  of  his — ihat  he  did  not  want  to 
see  him  injured — that  Mr.  G.  had  helped  him  a  good 
deal,  &c.  I  went  immediately  to  the  mayor,  and  com- 
municated to  him  what  I  had  heard.  He  said  he  could 
not  believe  it,  but  he  asked  me  to  remain  in  town  and 
be  ready  in  case  the  disturbance  should  take  place.  I. 
did  so  ;  and  about  10  o'clock  I  saw  the  crowd  collected, 
and  followed  them  up  to  the  warehouse.  I  did  not  see 
Solom.on  among  them.  When  the  mob  was  addressed 
by  ^Ir.  Oilman,  some  one  replied  to  him.  Judging 
from  the  voice  1  should  think  it  was  Carr.  I  can't  tell 
w^hat  words  he  used.  Oilman  stated  to  them  that  he 
was  sorry  they  had  come  at  such  an  unusual  hour  to 
create  a  disturbance — that  he  felt  it  his  duty  to  defend 
his  property — that  he  should  do  so,  and  should  do  so  at 
the  risk  of  life.  The  reply  w^as :  We  don't  come  to 
injure  you  or  your  property — but  as  you  say  you  wall 
defend  your  property  at  the  risk  of  life,  so  w-e  say  we  will 
have  the  press  at  the  risk  of  our  lives.  There  were  a  good 
many  round  in  every  direction.  1  can't  identify  any  of 
those  wdiom  I  saw  except  Butler,  Carr,  and  Rock. 
They  w^ent  dowai  in  the  crowd.  I  would  not  be  certain 
but  I  also  saw  Bruchv.  At  the  time  Oilman  addressed 
the  crowd  they  were  standing  in  a  line  on  the  bank  of 
the  river.  I  don't  know  where  Butler  and  Rock  were 
when  Carr  replied  to  Oilman.  I  went  into  the  ware- 
house with  the  crowd.  West  and  Robbins  went  in 
about  the  same  time — after  a  little  time  I  saw  the  house 
full  of  people.  I  saw  Palmer  in  the  warehouse  about 
fifteen  minutes  after  I  went  in.  I  did  not  see  the  press 
thrown  out.  I  heard  it  fall ;  I  saw  part  of  it  next  morn- 
ing. I  saw  Dr.  Beal  around  the  building  on  the  Levee 
on  the  back  side  of  the  building.    He  wns  forbidding 


ALTON    TRIALS.  Ill 

the  boys  touching  some  arms  standing  there.  I  was 
there  as  a  peace  officer.  I  had  no  orders  to  be  there. 
I  repeatedly  commanded  the  crowd  to  disperse.  I 
spoke  to  no  one  in  particular  at  siicli  times.  I  was  not 
present  when  the  ladder  was  raised  to  the  building.  At 
lliat  lime  I  was  guarding  the  door  to  Dr.  Hart's  office 
to  keep  the  crowd  from  rushing  up  there  where  Bishop 
was.  .[  saw  Oilman  and  the  oiliers  run  across  the  foot 
of  State-street.  1  heard  guns  fired  at  that  time.  I  did 
not  see  where  they  were  fired.  I  did  not  see  Nutter 
till  all  was  over.  1  saw  Rock  and  Beal,  but  can't  say 
what  any  one  was  doing.  Stones  were  thrown  by  the 
crowd  at  first.  I  saw  some  people  throwing  stones 
who  were  not  indicted ;  but  none  of  those  who  are 
indicted. 

Cross-e.vimined.  When  Oilman  and  others  run 
across  Stat  -street  they  run  quite  fast.  Some  one  of 
them  fell  down.  They  had  no  arms  at  the  time.  Beal 
forbid  the  boys  taking  any  thing  away.  He  said  he 
did  not  want  any  property  injured,  nor  any  thing  taken 
away.  I  saw  Palmer  but  twice,  once  with  the  Mayor 
and  Mr.  Robbins,  and  again  after  the  affray  was  over. 
Palmer  asked  Weller  (one  of  those  inside,  and  who 
had  been  wounded)  how  he  felt.  When  I  saw  him  he 
was  not  disorderly.  I  saw  no  one  in  the  warehouse 
who  was  disorderly.  There  was  not  much  riot  by  the 
crowd  in  entering  the  building.  .  Mr.  West  led  the 
crowd  in. 

Q.  By  Linder.  Was  you  standing  by  when  Beal 
said,  now  boys  we  must  hang  together  ?  Ans.  I  heard 
nothing  of  the  kind. 

Anson  B.  Piatt  called  by  government,  but  set  aside. 

Aaron  Corey.  I  know  but  little  that  happened  on 
the  night  of  the  7lh,  I  was  on  the  ground.  Shortly 
before  the  building  was  fired  I  saw  there  several  of 
those  indicted.  I  don't  know  who  first  said  "fire  the 
building."  I  don't  know  who  brought  the  fire.  I  saw 
tlic  man  go  up  the  ladder.  I  can't  swear  positivelv 
who  it  was.     I  heard  a  gun — then  a  cry  of  fire  the 


112  ALTO^    TRIALS. 

buildfrig.  I  don'^t  Itnow  who  cried  out  to  fire  the  build- 
ing. 1  did  not  see  Carr.  I  saw  Dr.  Beal ;  he  had 
arms  by  his  side.  I  saw  Rock  ;  he  had  on  different 
clothes  than  I  ever  saw  him  wear  before  or  since.  I 
don't  know  about  his  hat.  I  was  there  till  all  was  over, 
I  saw  a  great  many  in  the  building.  West  asked  me 
to  go  in  with  him.  I  did  so-  We  went  in  on  the  north 
side.  The  crowd  came  up  the  stairs  from  the  base- 
ment story.  I  inferred  from  that  that  they  came  in  on 
the  south  side,  I  saw  Beal  inside,  and  Rock  and 
Palmer  about  the  building  somew^here.  I  saw  Solo- 
mon that  evening,  I  saw  him  opposite  Marsh's  build- 
ing, in  the  street.  He  told  me  he  had  three  shot,  and 
I  think  he  said  in  his  back.  Butler  I  don't  recollect,  nor 
Bruchy.  I  did  not  see  the  press  thrown  out.  I  went 
to  the  back  side  of  the  building  soon  af*  ^rwards  ;  there 
was  a  great  crowd  there  ;  stood  there  but  a  few  mo- 
ments. I  did  not  recognise  Carr,  nor  Beal,  nor  Butler, 
nor  Morgan,  nor  Nutter,  among  the  crowd.  I  did  not 
see  the  press  broken  up  nor  thrown  into  the  river. 

Cross-examined.  There  were  a  great  many  people 
in  the  building ;  when  I  first  went  into  the  building  I 
went  in  on  the  north  side  with  West ;  the  second  time 
I  went  in  on  the  south  side  ;  there  was  quite  a  rush  at 
that  time,  should  think  fifty  people  ;  there  were  a  good 
many  people  there  who  had  not  been  engaged  in  the 
crowd  ;  I  saw  Judge  Martin  in  the  2d  story  of  the  build- 
ing. 

Joseph  Greeley  called  and  sworn.  I  did  not  see  Sol- 
omon nor  Palmer ;  I  don't  know  Morgan  ;  I  saw  Dr. 
Beal ;  I  don't  know  whether  he  had  a  gun  or  not ;  I  saw 
Jennings,  he  had  a  gim  on  his  shoulder ;  I  saw  Nutter 
when  the  press  was  broken  up ;  Butler  I  saw  in  the 
early  part  of  the  evening  at  the  Tontine  Coffee  House; 
he  was  excited,  was  swearing  about  Abolition  and  the 
press  ;  he  said  he  would  have  the  press  any  how\  I  did 
not  see  Carr,  I  don't  know  at  ail,  nor  Rock ;  Bruchy  I 
saw  when  the  press  was  broken  up.  After  the  fire  was 
put  out  I  went  down  to  the  bank  of  the  river ;  when  { 


ALTON    TRIALS.  113 

got  there  Briichy  was  staving  up  the  press.  Some  one 
said,  Fred,  you  have  done  enough  ;  T  went  up  into  the 
counting-room.  Mr.  Lovcjoy  lay  there  dead.  I  don'i 
know  tliat  I  lieard  Dr.  Beal  speak  during  the  evening  ; 
I  did  not  go  to  llie  place  till  the  bells  rang  for  fire. 
At  the  time  they  were  breaking  up  the  press  I  saw 
Dr.  Beal  looking  on,  but  1  did  not  hear  him  say  any 
thing. 

Cross-examined.  Mr.  Krum  stood  by  my  side  a 
part  of  the  time  while  they  were  breaking  up  the  press. 
I  spoke  to  him.  1  think  that  I  stood  there  when  Mr. 
Krum  came  up.    I  don't  know  which  of  us  left  first. 

Samuel  Avis  called  and  sworn.  I  know  but  little 
about  the  matter.  I  was  not  there  till  the  bells  rung.  I 
recognised  a  number  of  people.  I  did  not  see  Solomon 
nor  Morgan  ;  I  did  see  Dr.  Beal  and  Palmer ;  I  did  not 
see  Nutter.  I  saw  Jennings  w^ith  a  gun.  Jacob  Smith  I 
don't  know,  nor  Bruchy,  nor  Butler.  1  saw  Carr,  I 
thought  I  saw  Rock;  I  saw  a  man  whom  T  took  to  be 
Rock,  although  he  was  differently  dressed  than  Rock 
usually  is.  Dr.  Beal  was  armed,  was  exulting,  said  he 
w^ould  kill,  or  would  like  to  kill  every  damned  aboli- 
tionist in  town.  He  did  not  say  he  had  killed  any.  I 
thought  he  said  it  in  joke.  I  was  not  afraid  of  him,  al- 
though he  said  I  was  an  abolitionist.  The  press  had 
been  thrown  out.  I  saw  him  on  the  upper  side  of  the 
building.  Dr.  Beal  was  in  pretty  good  spirits.  I  saw 
no  one  engaged  in  breaking  up  the  press  ;  the  crowd 
was  so  great  I  could  not  get  near  enough  to  see  who 
was  busy.  I  don't  know  that  I  saw  any  of  the  defend- 
ants in  the  building.  I  was  not  there  when  the  crowd 
entered  the  building.  I  presume  I  was  in  the  street  be- 
fore the  press  was  thrown  out.  I  saw  none  of  those 
who  are  indicted  enter  the  building,  or  have  any  share 
in  breaking  up  the  press. 

Edmund  Beal  called  and  sworn.  On  the  night  of 
the  7th  of  November  last,  John  Solomon  was  the  first 
man  I  saw  on  the  docket,  and  soon  afterwards  Butler. 
I  think   about  the  time  Bishop  was  shot,  I  heard    the 

10* 


114  ALTON    TRIALS. 

Toices  of  different  persons,  some  cried,  there  goes  an 
abolitionist  broke  out  of  the  house  ;  some  said  shoot 
him,  some  stone  him,  some  throw  him  into  the  river, 
I  saw  somebody  pick  up  a  stone  at  the  time.  Solomon 
came  along  up  where  I  was  standing  ;  that  is  all  I  know 
of  him  ;  didn't  know  Morgan,  nor  Beal,  nor  Nutter  ;  I 
saw  Smith  ;  he  appeared  to  be  quite  cool  ;  exhorted 
the  "  boys"  not  to  be  intimidated  because  Bishop  was 
shot  ;  told  them  they  had  better  go  up  and  make  a  fin- 
ish of  it.  Butler  1  did  not  know,  Carr  I  did  not  see  ; 
James  M.  Rock  ;  that  is  the  man  I  did  see  ;  I  saw  him 
with  twenty  or  thirty  persons  when  they  were  march- 
ing up  to  the  warehouse  ;  Rock  came  to  me  and  asked 
what  I  wanted ;  I  told  him  I  came  after  my  boy ;  he 
pointed  him  out  to  me,  and  told  me  to  take  him  and  be 
off;  said  I  had  better  go  home,  and  I  did  so,  according 
to  his  orders.  However,  I  soon  returned  ;  came  down 
and  stood  near  the  post  at  Mr.  Marsh's  store.  I  saw 
the  flash  of  the  gun  when  Bishop  was  shot  ;  they 
brought  him  up  by  where  I  stood  to  the  Doctor's  office. 
Soon  after  that  I  saw  Rock  pass  by  with  a  ball,  or 
bunch  of  fire  in  his  hand,  swearing  that  he  would  burn 
down  the  building,  and  all  in  it.  I  don't  recollect  of 
seeing  any  others  of  the  defendants  ;  I  don't  recollect 
seeing  Frederick  Bruchy.  I  did  not  go  but  little  fur- 
ther than  the  corner  of  Dr.  Marsh's  drug  store,  during 
all  the  time. 

Cross-examined.  It  was  between  11  and  12 
o'clock  when  I  saw  Rock  pass  by  with  the  fire,  I  think, 
I  saw  no  one  else  carrying  fire.  I  stood  in  the 
same  place  most  of  the  time.  I  went  home  once 
or  twice  during  the  riot  ;  once  soon  after  Rock  passed 
with  fire,  and  staid  a  few  minutes  ;  I  saw  fire  kindled  in 
the  street  soon  after  Rock  carried  it  by,  and  soon  after 
that  I  saw  a  ladder  raised  to  the  building.  It  was  perhaps 
20  minutes  after  Rock  passed  with  the  fire,  before  I 
saw  fire  put  to  the  building  :  I  went  home  between  and 
staid  a  few  minutes  ;  I  was  a  good  deal  concerned 
about  the  matter,  and  watched  the  man  who  had  the  fire 


ALTON    TRIALS.  115 

pretty  closely  ;  I  had  as  much  anxiety  as  any  good  cit- 
izen would  have  had,  I  think. 

John  H.  Watson  called  and  sworn. 

My  history  will  be  short :  I  only  saw  two  of  the 
persons  indicted,  John  Solomon  and  James  M.  Rock  ; 
I  saw  Rock  at  the  corner,  near  Dr.  Marsh's  store,  and 
Solomon  in  Dr.  Hart's  office  ;  Solomon  came  in  and 
said  he  was  shot ;  upon  examination,  one  or  two  shot 
were  found  in  him ;  in  his  arm,  I  think  ;  as  I  came  down 
from  the  Doctor's  office,  I  saw  Rock  ;  he  was  doing 
nothing ;  I  left,  and  came  down  to  Hawley,  Page  & 
Dunlap's  till  all  was  over;  it  was  about  two  o'clock  ; 
I  then  went  up  ;  all  was  still. 

Webb  C.  Quigley.  On  the  night  of  the  7th  of  No- 
vember last,  I  went  into  the  Tontine.  There  were  a 
number  there  ;  they  went  out  into  the  street,  formed  a 
line,  and  marched  up  to  Mr.  Gilman's  warehouse  ;  I 
followed,  and  went  into  one  of  the  unfinished  buildings. 
The  mob  drew  up  on  the  side  next  the  river ;  Oilman 
addressed  them  ;  some  one  replied  to  him  ;  I  supposed 
from  the  voice  it  was  Carr  ;  the  mob  soon  started  to 
go  up  to  the  north  end  of  the  building  ;  I  started  to  go 
up  to  the  corner  of  the  penitentiary  wall ;  some  one 
cried  out,  there  goes  an  abolitionist ;  some  one  cried 
out  "  shoot  him,"  some  "  throw  him  into  the  river,"  some 
"  stone  him."  Morgan  run  up  to  me,  and  swore 
if  I  did  not  fall  into  the  ranks  he  would  kill  me. 
Bruchy  came  up,  made  some  remarks,  and  they  passed 
on.  Beal  came  up  to  the  penitentiary  wall  where  I  was, 
and  staid  there  a  little  while  ;  he  had  no  gun  wn'lh  him  ; 
I  saw  Rock  coming  down  the  hill  in  State-street  with 
Dr.  Jennings  ;  he  had  a  keg  in  his  arms ;  looked  about 
the  size  of  a  keg  of  gunpowder  ;  he  passed  me  ;  I 
did  not  ask  him  what  it  was.  I  saw  Morgan  ;  he  was 
running  from  home  in  his  shirt  sleeves  and  bare-footed, 
told  some  one  after  his  gun.  The  Mayor  stopped  him  ; 
Morgan  asked  the  Mayor  how  he  would  like  to  have  r 
damned  nigger  going  home  with  his  daughter.  The 
Mayor  said,  not  very  well.     At  last  he  said,  well,  Mor- 


116  ALTON    TRIALS. 

gan,  all  1  have  to  say  is,  don't  let  them  hurt  yon.  I 
went  up  to  the  penitentiary  wall  ;  was  at  the  corner  of 
the  wall  when  Bishop  was  shot.  Dr.  Beal  went  down 
and  came  back,  and  said  he  thought  he  was  not  hurt 
much.  I  was  there  when  the  press  was  thrown  out  ; 
saw  a  man  beating  upon  it ;  could  not  see  his  face  ; 
from  the  dress  and  size  I  took  it  to  be  Nutter  ;  he  had 
a  great-coat  on.  The  people,  when  they  left  the  Ton- 
tine, formed  in  line  ;  I  did  not  see  Solomon,  nor  Beal, 
nor  Jennings  there.  I  did  not  notice  Palmer;  they 
were  ranged  round  the  walls  in  the  Tontine  ;  Carr  was 
carrying  round  liquor  to  them.  I  saw  Butler,  Rock, 
and  Bruchy  there ;  I  did  not  hear  them  say  what  they 
were  going  to  do.  I  did  not  see  Carr,  that  I  know  of, 
after  the  mob  left  the  Tontine.      I  was  standing  at  the 

CD 

corner  of  the  penitentiary  wall  when  Bisliop  was  shot. 
I  heard  the  crowd  say  that  Bishop  was  standing  at  the 
corner  of  the  warehouse  when  he  was  shot.  When 
Bishop  w^as  shot  Dr.  Beal  went  down  that  way,  and 
came  back  and  said  that  he  did  not  believe  he  was 
mucli  hurt.  Beal  had  no  gun  that  I  saw.  I  went  into 
the  warehouse  ;  saw  none  of  the  defendants  in  there, 
that  I  recollect.  When  I  was  in  the  warehouse.  Smith 
came  down  and  cried  out,  "  Solomon,  where  have  you 
been  ?"  ''  I  have  been  up  there  and  thrown  some 
stones."  He,  Smith,  told  how  many  stones  he  had 
thrown,  but  I  don't  recollect  the  number.  I  don't  know 
what  reply  Solomon  made  :  Morgan  was  drunk  at  the 
time  I  saw  him. 

Q.  By  Linder.  Were  there  not  a  great  many  peo- 
ple there  ?     Ans.  Yes. 

Q.  By  same.  Did  you  see  Mr.  Murdock  there  ? 
Ans.  No. 

Q.  By  Murdock.  Did  you  see  Mr.  Linder  there  ? 
Ans.  No. 

Solomon  Woolters  called  and  sworn.  I  was  in  the 
city  on  the  night  of  the  7th,  but  not  at  the  warehouse. 
I  was  sleeping  soundly  at  home  when  the  tragedy  took 
place.      I    know  of   no  previous    preparations   having 


ALTON    TRIALS.  117 

been  made.  I  expect  the  "boys"  were  afraid  to  let 
me  know  any  thing  about  their  arrangements.  I  went 
through  Second-street  between  nine  and  ten  o'clock  that 
evening.  I  saw  no  one  passing ;  and  there  were  but  three 
lights  burning  in  the  whole  square.  I  expected  likely 
something  was  brewing,  and  came  down  to  see  if  there 
were  any  preparations  for  the  attack,  or  any  interrup- 
tion in  the  peace  likely  to  take  place.  I  went  home 
believing  no  attack  would  be  made  that  night. 

The  people  here  rested  their  case  ;  and  in  behalf  of 
the  defendants  Seth  T.  Sawyer,  Esq.,  was  called  and 
sworn. 

I  know  but  little  about  the  m.atter.  The  Mayor  called 
upon  me  that  night  (the  night  of  the  7th)  among  others. 
1  had  been  in  his  office  a  little  while  before,  and  had 
been  in  my  office  but  a  few  minutes  when  the  Mayor 
came  in  and  informed  me  of  the  disturbance.  He  re- 
quested me  to  go  and  get  Judge  Martin.  I  went  as 
soon  as  I  could.  When  I  came  back  and  got  on  the 
ground  Bishop  had  been  shot,  and  a  great  many  people 
had  collected.  I  was  there  near  the  Mayor  when  he 
received  the  shot.  We  both  took  to  our  legs.  I  came 
into  Second-street.  There  I  saw  Nutter ;  and  I  was 
with  him  a  long  while.  I  saw  some  persons  carry  a 
ladder  along ;  but  I  don't  know  who  they  were.  Saw 
the  man  pass  with  the  ffi-e  in  his  hand.  Don't  know 
who  it  was.  Don't  know  whether  it  was  Rock  or  not. 
I  saw  the  ladder  raised  to  the  building.  Nutter  had 
been  with  me  all  this  while.  I  came  away  about  that 
time  ;  was  not  there  when  the  mob  broke  into  the 
house,  nor  when  the  press  was  broken  up.  I  went 
back  again  to  the  ground  before  a  great  while,  and  went 
into  the  counting-room  of  the  warehouse.  Nutter  did 
not  appear  to  take  any  active  part  while  I  saw  him.  I 
had  no  idea  that  he  had,  or  intended  to  have,  any  part 
in  the  affair.  I  don't  know  that  I  know  any  thing 
else  about  it. 

Cross-examined.  I  saw,  I  should  think,  150  people 
when  I  first  got  on  to  the  ground.     I  recognised  Solo- 


118  ALTON    TRIALS. 

mon,  Morgan,  Beal.  I  saw  Beal  when  the  Mayor 
made  his  address  to  the  crowd.  At  that  time  he  stood 
nearly  opposite  the  Mayor.  I  saw  Solomon  in  Dr. 
Hart's  office.  He  had  some  shot  in  his  right  side ; 
they  were  in  his  right  leg,  arm,  and  side,  I  think.  He 
was  tolerably  well  peppered.  The  shot  were  only  skin 
deep. 

Alexander  Botkin,  one  of  the  Jurors,  sworn.  1 
saw  a  man  carrying  fire  through  the  street.  He 
passed  near  the  post  at  the  corner  of  Marsh's  store.  It 
was  a  short  time  after  Bishop  was  shot.  The  last  time 
I  saw  the  fire,  w^as  when  it  was  kindling  in  the  street. 
I  know  the  man  who  carried  the  fire.  I  know  him 
well.  It  was  not  Rock.  I  should  not  think  it  was  so 
late  as  eleven  o'clock  when  the  fire  was  carried  along. 

Cross-examined.  I  had  no  conversation  with  Rock, 
nor  with  any  one  in  particular.  At  one  time  I  saw 
Smith,  and  I  had  a  conversation  with  him.  Exchanged 
a  few  words  only.  The  person  w^hom  I  saw  carry  fire 
w^as  about  i\Ir.  Linder's  size,  (though  it  was  not  him.) 
"He  was  thinner  and  more  stoop  shouldered  than 
Rock."  I  did  not  see  the  building  fired.  I  knew  after 
wards  that  preparations  were  made  to  burn  or  blow  up 
the  building,  if  it  w^as  necessary  to  do  so,  to  get  the 
press.  I  did  not  know  this  till  the  next  day.  I  did  not 
see  the  ladder  carried  along.  The  man  who  carried 
the  fire  along,  as  he  went  down  the  street  was  running. 
I  asked  him  where  he  was  ffoino;.  He  said  it  was  none 
of  my  business.  As  he  came  back  with  the  fire  he 
was  coaxing  it.  It  was  not  a  large  bunch  or  ball  of 
fire. 

Judge  William  Martin  was  called  upon  to  slate 
what  he  knew,  and  said  that  he  did  not  arrive  at  the 
scene  of  action  until  late.  He  saw  the  person  go  up 
the  ladder,  and  put  fire  to  the  house.  Didn't  know 
who  the  individual  was.  Didn't  know  wliether  it 
was  any  of  those  nanjed  in  the  indictment ;  that  the 
distance  was  so  gi'eal  from  where  he  stood  that  he 
could  not  recognise  the  person  ;  that  the  ladder  was 


ALTON    TRIALS.  119 

rather  short ;  and  he  thinks  the  man  who  went  up  the 
ladder  had  to  reach  up  over  the  end  to  put  the  fire  on 
the  buildmg;  that  he  saw  Rock  but  twice  that  night; 
that  when  he  first  came  to  the  scene  of  the  riot  he 
went  into  Dr.  Hart's  ofiice,  and  examined  the  man 
who  had  been  shot ;  that  he  soon  came  down,  and  then 
saw  Rock  on  the  corner  of  Stale  and  Second  streets — 
who  had  a  gun — and  was  in  an  altercation  with  young 
Princhard  concerning  abolitionism  ;  that  he  interposed 
and  stopped  it ;  that  he  retm-ned  to  Dr.  Hart's  office  ; 
remained  but  a  few  moments;  came  down  ;  passed  up 
Second-street ;  that  the  mob  were  then  attempting  to 
raise  the  ladder  to  the  building;  they  w^ere  fired  upon 
from  the  corner  of  the  warehouse  ;  that  the  firing  dis- 
persed ihe  multitude,  and  the  ladder  was  dropped. 

That  he  next  saw  Rock  running  down  State-street, 
with  a  gun  in  one  hand  and  a  large  bucket  in  the  other, 
which  he  professed  to  have  procured  for  the  purpose 
of  putting  out  the  fire.  That  he  savv^  some  one  with 
fire  in  his  hand  ;  that  the  fire  which  was  put  to  the 
house  was  taken  from  the  street ;  that  he  saw  a  person 
ooincr  ihrouch  State-street  with  fire  ;  that  it  was  not  a 
large  ball  of  fire;  that  the  man  who  had  it  was  gomg 
deliberately  ;  that  he  walked  in  the  centre  of  the  street ; 
that  he  did  not  observe  him  particularly  till  he  had  got 
to  the  west  line  of  State-street ;  that  he  spoke  to  Rock, 
but  not  in  regard  to  the  riot ;  that  there  were  100  peo- 
ple standing  as  spectators,  all,  or  most  of  whom  being 
owners  of  property,  had  a  deep  interest  in  the  preser- 
vation of  good  order ;  that  he  applied  to  many  people 
to  aid  him,  but  that  he  found  no  one  who  was  willing 
to  assist  in  the  suppression  of  the  mob  ;  that  he  did  not 
use  his  authority  as  a  peace  officer,  because  he  was 
satisfied  it  would  do  no  good. 

That  he  saw  Solomon  that  night,  but  did  not  see 
him  doing  any  thing ;  and  he  was  standing,  when  he 
was  shot,  somewhere  near  the  Penitentiary  wall ; 
that  Mr.  Krum  (Mayor)  and  himself  were  together  part 
of  the  evening,  though  he  did  not  hear  the  Mayor's 


120  ALTON    TRIALS. 

address ;  that  he  saw  Solomon  a  moment,  who  told 
him  (Martin)  that  he  had  been  shot ;  that  he  himself 
went  no  nearer  the  scene  of  riot  than  the  north  side  of 
Second-street ;  that  the  fire  w^as  communicated  to  the 
roof  of  the  building  on  the  end  farthest  from  the  river. 

That  he  saw  Palmer,  but  none  of  the  others  named 
in  the  indictment,  except  as  before  stated  ;  that  it  was 
dangerous  to  have  gone  very  near  the  assailants ;  that 
at  one  time  he  asked  Smith,  one  of  the  defendants,  if 
something  could  not  be  done  to  suppress  the  riot,  and 
that  Smith  replied  that  he  would  help  if  any  one  else 
would  ;  that  he  saw  Beal — passed  him  and  spoke  to 
him — but  what  was  said  he  can't  tell — does  not  re- 
collect. 

Shemwell  called  and  sworn.  I  saw  Nutter  the 
evening  of  the  7th.  Was  with  him  in  a  private  house 
in  the  city  when  the  riot  commenced.  We  went  out 
when  we  heard  the  noise.  The  crowd  had  marched  up 
to  the  building  then.  We  went  to  the  corner  of  Marsh's 
store,  and  stood  there  ;  I  don't  know  how  long.  I  was 
with  Nutter  during  that  night.  I  saw  him  make  no  at- 
tempt to  do  any  thing  I  thought  wrong.  He  said  nothing. 
We  walked  about.  I  was  standing  near  when  the  peo- 
ple went  out  of  the  house.  We  were  on  Water-street 
when  the  press  was  thrown  out  of  the  building.  Nutter 
said  then,  "  Let  us  go  home."  We  went  in  to  see 
Lovejoy.  I  was  with  Nutter  all  the  evening,  and  could 
have  seen  him  if  he  had  done  any  thing.  Nutter  picked 
up  a  piece  of  the  press  after  it  had  been  broken  up, 
and  said  it  would  make  a  good  thing  for  painters  to 
rub  paints  on,  or  with,  and  he  dropped  it  again  on  the 
ground.     Nutter  had  on  a  blanket  coat. 

Cross-examined.  I  did  not  know  any  one  who  was 
engaged  in  breaking  up  the  press.  I  left  soon  after  the 
press  was  broken.  Nutter  and  myself  were  together 
all  night.  I  don't  know  whether  Nutter  threw  the 
piece  of  the  press  which  he  picked  up  into  the  river  or 
not.  I  did  not  see  him  throw  any  stones  at  the  build- 
ing.    He  had  no  gun.     Nutter  and  myself  came  down 


ALTON  TRIALS.  121 

that  evening  from  the  upper  town,  after  we  had  our 
supper.  I  had  business  in  the  city  to  do.  I  asked 
Nutter  if  he  would  come  down.  He  said  he  had  beard 
that  the  press  had  arrived,  and  asked  if  I  supposed  it 
would  be  broken  up  that  evening.  I  told  him  I  thought 
not.  We  each  had  business  in  the  city.  We  went  to 
Mr.  Mooney's  house.  I  live  in  Upper  Alton.  Have 
lived  here  three  years.  Am  but  little  acquainted  in 
the  town  (city).  I  did  not  hear  that  there  was  to  be 
any  row^  I  heard  the  press  had  arrived.  J  don't  know 
of  any  one's  coming  up  to  our  village  to  let  us  know 
that  the  press  had  come.  I  don't  know  how  I  heard  it 
had  come,  t  was  not  invited  to  come  down  and  assist 
in  breaking  it  up.  I  heard  about  the  arrival  of  the 
press  late  in  the  afternoon.  I  knew  I  had  business  to 
do  in  the  city  before  that  time.  Nutter  asked  me  if  the 
press  had  come.  I  don't  know  why  he  inquired.  I 
heard  of  no  preparations  going  on  to  break  it  up. 
Nutter  asked  me  if  the  press  had  come,  and  if  there 
was  going  to  be  a  mob  that  night.  I  told  him  not  that 
I  knew  of.  I  did  not  get  through  whh  my  business 
that  night.  Had  business  with  Mr.  Mooney,  Mooney 
formerly  lived  in  Upper  Alton,  and  he  has  got  two  or 
three  pretty  daughters.  I  am  a  single  man.  Nutter 
staid  with  me — in  my  company.  My  object  in  coming 
down  was  to  do  some  business  with  the  lady.  I  agreed 
to  do  some  business  with  her  for  another  lad)^  T  don't 
know  what  Mr.  Nutter's  intentions  were  in  coming 
down  that  evening.  I  know  he  had  no  hand  in  break- 
ing up  the  press. 

The  evidence  here  rested. 

Murdock  in  opening. 

I  shall  not  occupy  much  of  your  time,  gentlemen  of 
the  jury,  in  opening  this  case  to  you,  on  the  part  of  the 
prosecution,  but  shall  leave  the  burthen  of  the  argument 
to  my  able  associate,  who  will  conclude.  Indeed  there 
is  but  little  room  for  argument.  The  indictment  in  all 
its  parts  is  fully  and  clearly  proved ;  and  if  it  were  not 
for  the  lawless  spirit  which  has  long  pervaded  our  land 

11 


122  ALTON    TRIALS. 

and  swept  over  and  desolated  our  city  and  rested  here  ; 
if  I  did  not  feel  that   it   was  my  duty  to  impress  upon 
your  minds  the  necessity  of  vmdicating  the  law  in  its 
majesty,  I  would  say  less.     The  offence  charged  on  the 
defendants  and  so  fully  proved,  is  one  that  strikes  at  the 
existence  of  social  peace  and  security,  and  tears  away 
the  barriers  which   the  law  has  tiu'own  around  the  citi 
zen,  his  life  and  property.     It  aims  at  government  itself^ 
for  a  f!me  prostrates  its   power,  and  rears    up  anarchy 
to  run  lawless  over  our    dearest  privileges.     V\  hat    is 
government  worth   unless  it  affords  protection  to  prop- 
erty ?     What  are  laws  worth  unless  they  bring  punish- 
ment upon  the  head  of  offenders  ?     ^Yhat   are  govern- 
ments and  laws  worth  unless  the  jurors  of  the  country- 
give   full  efficacy  to  their  provisions  ?     Is    government 
valuable  ?     Shall   the  laws  which  the    people,  through 
the  proper  authority,  have  passed,  intended  for  the  pro- 
tection of  the  citizen,  and  the  punishment  of  offenders, 
be  of  any  practical  operation  ?     It  is  for  you  to  say,  for 
through  you  only  can  they  be  made  operative.     If  the 
facts  of  any  offence  present  a   case  deserving  of  pun- 
ishment, then  do  these  call  upon  you,  most  imperatively, 
for  a  verdict  of  guilty.     Gentlemen,    reflect  upon  the 
terrible  malignity  of  the  facts  disclosed.     The  defend- 
ants assemble  on  the  night    charged  in  the  indictment, 
for  the  purpose  of  committing  an   act  long  deliberate- 
ly formed,  enter  one  of  the    groceries,  (those    sinks  of 
curruption  which    so   much    disgrace    our    city,)    then 
range    themselves   in  order    around    the    walls   of  the 
house,  drink   down    a  glass  of  maddening  alcohol,  and 
from    thence,  infuriated,  proceed    to  the   storehouse    of 
Godfrey  &  Gilman,  with  design  of  forcibly  entermg  it, 
and   destroying  a  printing  press,  and  complete  their  pur- 
pose. Gentlemen,  shall  the  perpetrators  of  an  act  so  law- 
less, so  diabolical,  go  unpunished  ?  shall  ihey  be  permit- 
ted to  live  among  us  unbranded  by  a  verdict  of  guilty  ? 
Shall  it  be  said  that  you  permitted  such  an  outrage, scarce- 
ly denied,  to  go  unredressed  ?     Shall  it  go  forth  to  the 
world  that  property  is  unsafe  in  Alton  ;  that  law  is  pow- 


ALTON   TRIALS.  123 

erless  ;  that  juries  are  the  shields  of  crime  ?  I  will  not, 
gentlemen,  suffer  myself  to  believe,  that  you  will  per- 
mit your  prejudices  to  influence  your  verdict.  You 
will  regard  the  solemn  oath  you  have  taken.  What 
has  the  private  opinion  of  any  individual  to  do  with 
the  question  of  guilt  or  innocence  ?  What  has  the 
exciting  subject  of  abolition  to  do  with  the  issue 
formed  between  the  people  and  the  defendants  ? 
Are  the  defendants  guilty  as  charged  ?  is  the  only  ques- 
tion you  are  sworn  to  try. 

But,  gentlemen,  anti-slavery  with  all  its  horrors  will 
be  glowingly  portrayed.  You  will  be  told  that  a  verdict 
of  guilty  will  be  an  approval  of  its  principles,  and  the 
triumph  of  a  party  whose  object  is  to  sever  the 
Union,  to  rob  our  citizens  of  their  property,  to  excite 
the  slave  to  murder  his  master,  wife,  and  children,  and 
to  plunge  f  iir  common  country  into  the  horrors  of  an 
exterminating  civil  war.  1  have  too  much  respect  for 
you,  gentlemen,  to  believe  that  you  will  be  driven  from 
the  line  of  your  duty  by  such  considerations.  If  there 
is  one  privilege  more  dear  to  us  than  another,  it  is  the 
right  of  free  discussion  ;  the  liberty  of  the  press  ;  the 
freedom  of  conscience.  These  have  civilized  and  ele- 
vated a  world  ;  and  better,  far  better,  that  all  the  evils 
which  it  is  predicted  abolition  will  bring  on  the  country, 
should  be  actually  fulfilled,  than  that  these  dearest 
rights  of  freemen  should  be  surrendered,  and  the  Con- 
stitution of  your  country,  bought  with  the  blood  of  free- 
men, and  sanctified  by  the  memory  of  our  fathers, 
should  be  nugatory.  Then,  indeed,  will  we  be  slaves. 
Yes,  gentlemen,  the  liberty  of  the  press  is  inseparably 
connected  with  our  freedom,  and  the  day  that  high  pre- 
rogative of  a  free  people  is  given  up,  will  be  the  birth- 
day of  a  nation  of  slaves. 

Gentlemen,  in  this  offence,  there  are  no  accessaries, 
all  are  principals.  The  act  of  one  is  the  act  of  all  who 
pnrticipated  in  the  commission  of  the  common  design. 
I  leave  the  case  with  you,  confiding  in  the  ability  of  my 
friend,  Mr.  Cowles,  to  strip  it  of  the  difficulties  and 


124  ALTON    TRIALS, 

doubt  the    ingenious  counsel  for  the  defence  will    en- 
deavor to  cloud  it  with. 

Hall.  In  the  few  remarks  which  I  shall  make  to  you, 
gentlemen,  I  shall  aim  to  be  as  brief  as  possible.  I 
appear  before  you  as  the  Counsel  for  Josiah  Nutter 
solely.  I  appear  before  you,  no  less  from  a  conviction 
that  he  is  unjustly  charged  of  being  concerned  in  the 
commission  of  this  offence,  (a  conviction  which  is 
forced  upon  me  by  my  whole  acquaintance  with  him,) 
than  from  a  feeling  of  entire  satisfaction,  that  the  evi- 
dence is  not  such  as  to  warrant  you  in  returning  against 
him  a  verdict  of  guilty.  The  indictment  charges  my 
client,  jointly  with  others,  with  having  on  the  night  of 
the  7th  of  November  last,  with  force  and  aims,  entered 
the  storehouse  of  Godfrey  &  Oilman,  and  with  force 
and  violence  broke  and  destroyed  a  printing  press,  then 
and  there  found,  and  being  the  properly  of  the  said 
Godfrey  &;  Gilman.  The  question  presented  for  your 
consideration  here,  is  a  bare  question  of  fact.  Did 
Nutter  enter?  Did  he  break  up,  or  was  he  concerned 
in  destroying  the  press  ?  Gentlemen,  you  hear  nothing 
of  Nutter  till  the  press  was  thrown  out  from  the  build- 
ing, as  having  been  concerned  in  any  acts  of  violence. 
No  one  sees  him  ;  none  of  the  civil  officers,  who,  if 
they  were  unable  to  suppress  the  mob,  were  at  least 
active  in  discovering  the  leaders  of  it,  swears  to  his 
presence  on  the  ground  ;  none  of  the  whole  array  of 
witnesses  drawn  here  by  the  people  testify  to  any  act 
of  violence  done  by  his  hand.  He  was  not  seen  in  the 
streets  ;  he  was  not  in  the  coffee  houses ;  he  was  not 
recognised  as  having  been  engaged  in  the  attack  upon 
the  building — and  it  was  not  till  the  affray  was  over, 
till  hundreds  of  your  citizens  w^ere  also  attracted  to  the 
spot  where  the  act  of  violence  was  committed,  that  he 
was  discovered  among  the  crowd.  But  other  individu- 
als were  called,  by  whom  we  are  enabled  to  prove  to 
you  where  he  was,  and  the  sort  of  feeling  he  had  in 
relation  to  this  matter. 

Mr.  Sawyer  says  that  he  was  with  him  a  good  part 


ALTON    TRIALS.  126 

of  that  evening ;  and  that  in  conversation  with  him 
Nutter  expressed  his  disapprobation  of  the  proceedings 
of  the  mob. 

Fortunately,  however,  gentlemen,  we  have  been  en- 
abled to  show  to  you  by  one  witness  how  this  individual 
spent  that  evening.  Mr.  Shemwell  says  that  he  came 
from  Upper  Alton  with  Nutter  that  afternoon  ;  that  they 
came  to  visit  ai  the  house  of  a  friend  ;  that  wdiile  em- 
ployed in  making  that  visit,  the  disturbance  com- 
menced ;  that  they  had  a  cm-iosity  to  see  what  would 
be  done,  and  went  up  towards  the  warehouse.  But, 
gentlemen,  no  one  will  pretend  before  you  that  all  who 
were  present,  idle  spectators  of  that  affray,  were  guilty 
of  the  crime  actually  committed.  If  such  is  the  doc- 
trine, heaven  save  the  Court,  this  Jury,  this  Bar,  and,  I 
doubt  not,  two-thirds  of  those  now  within  the  walls  of 
this  room.  This  witness  states  to  you  that  after  the 
affray  was  all  over.  Nutter  was  finally  persuaded  to  go 
to  the  building,  and  here  it  is  that  the  witness  for  the 
people  first  spied  him.  Here  is  the  first  evidence  of 
his  being  upon  the  ground  at  all,  and  you  will  judge 
how  far  this  goes  to  his  conviction. 

I  do  not  deny  that  Nutter  picked  up  a  piece  of  the 
press ;  but  I  ask  you  to  say,  under  the  evidence  you 
have  as  to  his  declarations  at  the  time,  that  it  was  at 
most  but  a  careless  act.  This  would  be  a  good  thing 
for  painters  to  rub  paint  with,  was  the  remark  made  by 
him,  as,  after  having  finished  his  examination  of  the 
piece  of  the  press  he  had  picked  up,  he  let  it  fall  to  the 
ground.  Why,  gentlemen,  what  stronger  evidence 
could  you  have  of  this  man's  intention  ?  what  more 
conclusive  proof  could  be  given  that  this  man  was 
drawn  there  by  mere  motives  of  curiosity?  Why  is  it 
that  you  hear  no  such  remark  from  the  mouths  of  other 
individuals  ?  Would  it  be  likely,  gentlemen,  that  this 
man  would  have  made  a  remark  like  that,  if  he  had  just 
come  in,  heated  by  the  struggle,  and  glorying  in  the 
triumph  which  he  might  have  achieved  ?  No,  gentle- 
men, no  such  thing !     The  remark  itself,  unconnected 

11* 


126  ALTON    TRIALS, 

■with  any  other  fact,  would  be  proof  positive  that  his 
intentions  were  not  criminal  in  being  ihere  that  evening. 

Besides,  if  his  intentions  had  been  criminal ;  if  his 
object  had  been  the  destruction  of  the  press,  think  you 
he  would  have  kept  aloof  till  that  late  hour  ?  think  you 
he  would  not  have  been  seen  and  identified,  as  active 
m  the  perpetration  of  the  crime  ?  think  you  he  would 
not  have  been  recognised  and  sw^orn  to  as  present,  aid- 
ing and  abetting,  before  the  press  was  actually  de- 
stroyed ? 

Gentlemen,  his  remark  at  the  time  he  picked  up  the 
piece  of  the  press  is  no  more  inconsistent  with  guilt 
ihan  all  his  actions. 

Why  should  he  have  come  forward  at  that  late  hour, 
when  the  battle  had  been  fought — the  victory  won — 
when  the  house  had  been  taken — the  press  captured 
and  destroyed  ?  What  object  could  he  have  had  in 
making  himself  so  active — so  conspicuous  after  the 
affray  was  all  over  ? 

No  !  no  1  the  proof,  if  the  evidence  proves  any 
thing,  shows  fully  and  conclusively  his  entire  innocence 
of  the  crime  alleged  against  him.  With  a  simple  re- 
mark as  to  one  other  fact,  I  will  leave  the  case.  The 
Government  will  ask  you  to  believe  this  man  guilty, 
because  one  witness  has  sworn  that  Nutter  threw  the 
piece  of  press  which  he  picked  up  into  the  river.  But, 
gentlemen,  may  not  this  witness  have  been  mistaken  ? 
Is  it  not  just  as  likely  that  the  piece  rolled  into  the 
river,  as  it  fell  from  the  hands  of  Mr.  Nutter,  as  that 
he  threw  it  there  ?  Is  it  natural  that  directly  after  a 
remark  which  denoted  entire  innocence  of  criminal 
intention  and  design,  he  should  have  committed  an  act 
which  would  at  once  fix  guilt  upon  him. 

Gentlemen,  to  constitute  crime,  there  must  be  not 
only  an  act  done,  but  done  from  a  bad  motive,  from  a 
bad  design.  There  must  be  a  criminal  intention,  or  the 
charge  alleged  against  Nutter  fails  entirely.  I  leave 
the  fate  of  this  defendant  in  your  hands,  confident  that 
you  value  too  highly  the  rights  and  liberties  of  a  citizen. 


ALTON    TRIALS.  12* 

V 

to  sacrifice  them  to  the  prejudices  of  an  excited  com- 
munity ;  trusting  that  you  will  jealously  guard  his  inte- 
rests ;  knowing  that  you  will  require  a  strong  array  of 
facts — proof  strong  as  that  from  holy  writ — before  you 
will  deprive  him  of  his  good  name,  and  doom  him  to  a 
felon's  punishment. 

Sawyer  for  Prisoners. 

The  duty  of  opening  the  case  in  behalf  of  the  de- 
fendants has  devolved  upon  me,  and  I  will  promise  you 
that  I  will  consume  no  more  of  your  time  than  is  abso- 
lutely necessary  to  enable  me  to  do  justice  to  the  case. 
The  trial  is  of  vital  importance  to  the  defendants,  inas- 
much as  it  is  with  you  to  say  whether  they  shall  go 
hence  free,  or  with  the  judgment  of  the  Court  pro- 
nounced against  them,  for  a  violation  of  the  law^s  of 
the  land.  It  is  of  deep  interest  to  the  community  too, 
inasmuch  as  this  is  the  last  of  all  the  indictments  pre- 
sented by  the  Grand  Jury,  and  which  grew  out  of  the 
Riot  which  took  place  in  this  city  on  the  night  of  the 
7th  of  last  Nov.  The  testimony  is  so  insufi5.cient  to 
warrant  a  conviction,  that  I  vs^ould  not  address  you  at 
all,  if,  provided  I  said  nothing,  it  would  not  seem  that 
I  was  negligent  of  the  duty  of  my  profession. 

In  the  first  place,  is  there  any  testimony  that  these 
individuals  did  enter  the  storehouse  of  Godfrey  and 
Gilman  and  break  and  destroy  the  press  ?  for  that  is  the 
charge  brought  against  them.  You  are  not  to  try  the 
question  whether  or  not  any  of  the  citizens  of  Alton, 
on  the  night  of  the  7th  of  Nov.  last  collected  in  a  riot- 
ous and  tumultuous  manner  ;  and  therefore  you  have 
nothing  to  do  with  a  greater  part  of  the  testimony. 
Then  what  is  the  evidence  ?  Mr.  Broughton  was  first 
called,  but  he  knew  nothing  about  it.  Next  Mr.  West 
came,  and  Avhat  says  he  ?  Why  he  told  you  what  in- 
formation he  received  from  Solomon.  But  is  that  any 
evidence  that  Solomon  was  concerned  in  the  breaking 
up  of  the  press  ?  Where  then  is  the  evidence  that 
Solomon  was  concerned  ?  Did  his  meeting  with  West 
prove  it  "^     I  think  that  upon  your   oaths  you  will  say 


128  ALTON    TRIALS 

it  did  not.     Then  he  speaks  to  you  of  stones  thrown 
and  guns  fired — and  then  of  the   fire  being  set  to   the 
house — then  he  comes  to  the  entering  into  the  ware- 
house, and  he  tells  you  that  the  crowd  rushed  in — but 
does  he  tell  you  there  was  any  violence  used  to  break 
in  to  the  warehouse  ?     Tliere  is  as  yet  no  evidence  that 
any  person  used  any.     But  West  did  not  see  the  press 
broken  up.     He  tells  you  that  he  saw  Palmer,  Butler 
and  Carr,  but  that  he  did  not   see  them   do  any  act  ot 
violence — he  did  not  see  them  do  any  thing.     There 
is  no  question,  gentlemen,  but  a  number  of  persons  as- 
sembled at  that  time  and  place  ;  and  that  acts   of  vio- 
lence were  done,  but  these  atts  are  not  brought  home 
to  the  defendants.     Then   comes  Mr.  Krum ;  and   his 
testimony  is  but  a  reiteration  of  what  West  swore  to. 
Where  is  the  evidence  which  shows  that  any  of  these 
persons  were  guilty  of  breaking  the  house  or  press  ? 
Krum  swears  to  no  such  thing.     All  he  testifies  to  is 
that  he  saw  Beal  at  the  back  part  of  the  house  and 
that  Beal  said  something  about  the  boys  hanging  to- 
gether ;  but  does  that  prove  that  the  defendants  were 
guilty  of  the  charge  brouglit  against  them  ?     But  may 
not  Mr.  Krum  be   mistaken  ?     Why  should   not    Mr. 
(rreeley  have  heard  this  declaration  ?  from  Mr.  Kruni's 
own  showing  he  was  by  his  side.     There  is  no  evidence 
then  from  Mr.  Krum  of  the  guilt   of  the   defendants  ; 
not  the  least  particle.      There  is  no  question  but  that 
these    persons    assembled    before    the  warehouse ;  no 
question  but  that   they  were  noisy ;  perhaps  a  little 
riotous  ;  but  that  is  not  the  charge.     If  the  indictment 
is  not  sustained  by  the  testimony,  it  is  not  the  fault  of 
the  defendants.     The  prosecuting  attorney  cut  the  gar- 
ment, and  if  he  could  not  make  it  fit,  he  can't  expect  us 
to.     Sawyer  proceeded  to  state  that  all  those  who  were 
spectators,  and  who  did  not  assist  to  suppress  the  riot 
might  have  been  indicted  as  well  as  the  present  defen- 
dants. 

Per  Curiam.     I  wish  to  state  that  though  the  cit- 
izens did  not  aid  me,  I  was  satisfied  it  was  on  account 


129  ALTON    TRIALS. 

of  the  great  excitement  which  existed  ;  and  from  a 
consciousness  that  it  would  require  a  strong  and  well 
organized  force  to  quell  the  Mob.  We  had  no  such 
force  in  the  cit}'-,  and  the  acts  of  those  outside  passed 
in  such  quick  succession  that  the  citizens  had  no  time 
to  adopt  any  efficient  means  of  resistance.  1  make  this 
remark,  that  it  may  not  be  supposed  I  thought  the  cit- 
izens would  not  have  aided  in  suppressing  the  mob, 
had  they  been  properly  organized. 

Sawyer  in  continuation. 

It  is  in  evidence  that  the  Mayor  addressed  the 
crowd.  Now,  by  the  113th  section  of  the  criminal  code 
it  is  enacted,  "  That  if  two  or  more  persons  assemble 
for  the  purpose  of  disturbing  the  public  peace,  or  com- 
mitting any  unlawful  act,  and  do  not  disperse  on  being 
desired  or  commanded  so  to  do  by  a  judge,  sheriff,  cor- 
oner, constable,  or  other  public  officer,  persons  so  of 
fending  shall,  on  conviction,  be  severely  fined  in  an}- 
sum  not  exceeding  fifty  dollars,  and  imprisoned  not 
exceeding  one  month." 

Now  that  is  the  law  for  the  prosecution  to  have  in- 
dicted these  persons  for  violating  ;  but  they  have  chosen 
to  take  a  different  ground  ;  they  have  chosen  to  charge 
us  with  destroying,  this  press,  and  I  suspect  they  will 
think,  as  the  de^il  did  when  he  heard  the  pig  squeal, 
that  there  is  a  great  cry  and  little  fleece. 

But  this  press  is  the  firebrand  which  has  produced 
all  the  excitement  and  disturbance  out  of  doors  ;  this 
press  is  the  thing  kept  constantly  in  mind — its  destruc- 
tion is  what  is  so  horrible  ;  and  I  suppose  that  these 
friends  of  the  press  thought  if  they  could  only  convict 
these  few  poor  men  of  having  destroyed  it,  that  it  would 
be  a  crown  of  glory  on  their  heads.  The  prosecutors 
have  therefore  brought  their  indictment  for  the  destruc- 
tion of  this  press,  and  they  must  abide  it.  If,  however, 
in  trying  to  prove  that  these  persons  destroyed  the 
press,  they  should  prove  that  they  committed  any  other 
offences,  you  are  not  to  try  them  for  it,  at  least  not 
now. 


130  ALTON    TRIALS. 

Then  Mr.  Robbins  was  called,  but  he  knew  nothing 
more  than  Krum.  He  knew  of  no  riotous  conduct ;  he 
saw  no  force  or  violence  used  in  the  house.  Does  his 
testimony  prove  any  thing  ?     1  contend  not. 

Aaron  Corey  was  called  next.  He  knew  nothing, 
except  that  he  heard  a  great  noise  ;  and  how  far  does 
his  testimony  go  ?  Mr.  Miller  came  next,  and  he  says 
he  saw  no  man  engaged  in  a  violent  manner  in  the 
liouse. 

Mr.  Quigley  was  called  next,  and  he  swore  that  he 
saw  people  at  the  Tontine  ;  that  he  heard  Gilman  ad- 
dress the  crowd,  and  heard  a  man  reply  to  him — he 
thought  the  man  was  Carr  ;  that  he  stood  in  the  door 
of  the  warehouse,  and  heard  Smith  say  that  he  had 
been  throwing  stones,  and  that  is  all  he  knows.  He 
also  says  that  he  saw  Nutter  with  a  great-coat  on.  But 
does  all  this  prove  the  allegations  in  the  indictment. 
He  also  tells  you  that  he  saw  Beal  at  the  Penitentiary 
wall,  and  that  he  had  no  gun  ;  and  I  presume  Quig- 
ley must  know  about  this  fact  better  than  any  one  else, 
as  he  had  better  opportunities  for  knowing ;  and  I  ask 
you  to  presume  that  Beal  had  no  gun  until  he  picked 
up  one  of  those  which  were  left  by  the  foe  in  their 
retreat. 

Quigley  saw  none  of  the  defendants  in  the  house. 

Samuel  Avis  came  next,  and  he  knows  no  more 
than  the  others.  He  saw  Beal,  and  heard  him  say  that 
he  would  kill,  or  he  would  like  to  kill  all  the  damned 
abolitionists  in  town ;  but  the  witness  says  that  he 
thought  the  remark  was  spoken  in  jest ;  and  a  pretty 
good  reason  I  think  you  will  say  he  had  for  his  suppo- 
sition, since,  being  an  abolitionist,  he  is  here  to  tell  you 
what  he  saw  and  heard  that  night.  Apply  this  evidence 
to  the  indictment  and  does  it  prove  any  thing  ?  I  think 
not. 

The  next  witness  is  old  man  Beal,  and  he  swears 
to  nothing  at  all.  x\ll  you  can  get  from  him  is,  that  he 
was  afraid  ;  that  he  dare  not  move  from  the  post  up  by 
Marsh's  store. 


ALTON    TRIALS.  131 

This  is   all  the  testimony,  and    these  are   all  the 
witnesses  on  behalf  of  the  prosecution. 

And  now  let  us  recur  to  that  on  ihe  defendants' 
part. 

The  first  one  introduced  was  Mr.  Oilman,  whose 

name  figures  in  this  matter  with  considerable ,  any 

thing  you  have  a  mind  to  caH  it,  gentlemen,  and  he 
swears  that  he  did  not  own  the  press.  Then,  if  you 
find  the  defendants  guilty  of  the  charge  in  the  indict- 
ment, will  you  not  find  contrary  to  Gilman's  testimon}^ 
The  people  must  prove  what  they  charge  ;  and  it  turns 
on\  that  this  Mr.  Oilman  was  not  even  the  special 
owner  of  that  press  ;  that  he  was  not  the  bailer  of  it. 
He  swears  that  the  press  was  consigned  to  Mr.  Roff, 
Admitting,  then,  that  the  prosecution  may  travel  out  of 
the  indictment,  and  prove  that  he  was  the  special  owner 
of  the  press.  Have  they  proved  it?  A  bailer  is  one 
who  keeps  property  for  hire  or  gain.  It  is  the  reward 
which  he  receives  for  keeping  the  propert)^,  which  at- 
taches responsibility  to  him  in  case  of  loss  or  danger. 
If  one  of  you  keep  a  trunk  for  me — but  without  any 
reward  for  it — and  the  trunk  is  lost,  are  you  responsible  ? 
Do  the  prosecution  sliow  that  Oilman  was  the  keeper 
of  this  press  for  hire  or  reward  ?  No,  but  the  contrary, 
and  by  their  own  showing;  by  the  testimony  of  this 
very  Mr.  Oilman,  if  this  press  was  in  any  one's  pos- 
session, it  v;as  in  Mr.  Roff's. 

The  rule  I  have  laid  down  is  the  Jaiu,  and  I  chal- 
lenge the  production  of  any  other  from  my  aged  frient!. 
Gentlemen,  there  is  no  further  testimony  to  be  con;- 
mented  upon,  except  that  of  Shemwell,  in  regard  to  Mr. 
Nutter.  He  swears  to  you  that  he  and  Nutter  came 
down  to  the  city  to  do  business;  that  that  business  was 
with  the  ladies ;  and  as  he  was  a  single  man  I  shall 
leave  it  to  you  to  imagine  what  that  business  was.  I 
do  not  believe  Nutter  is  guilty,  because  of  my  own 
knowledge  I  tell  you  that  he  expressed  disapprobation 
of  the  doings  of  that  night.  Although  he  might  have 
picked  up  a  part  of  the  press,  it  is  no  evidence  of  his 


132  ALTON    TRIALS. 

guilt.     If  it  were,  you  might  be  called  upon  to  convict 
one  half  the  community. 

With  these  remarks  I  submit  the  case  to  your  con- 
sideration with  perfect  confidence  in  the  result,  knowing 
vou  cannot  doubt  the  innocence  of  these  individuals. 

Linder  for  Defendants,  in  conclusion. 

It  is  now,  gentlemen,  near  six  o'clock,  and  I  do  not 
doubt  that  you  are  somewhat  wearied  after  the  long 
examination  to  which  you  have  listened.  After  a  long 
struggle,  I  am  enabled  to  have  a  cheerful  prospect  be- 
fore me.  Recognising  the  clear  heads  and  the  strong 
minds  of  those  who  sit  upon. that  jury,  I  feel  like  a 
sailor,  when,  after  a  long  voyage,  he  catches  the  first 
glimpse  of  land.  I  have  been  out  at  sea  for  the  last 
three  weeks,  and,  fore  God,  gentlemen,  this  is  the  first 
sight  of  land  I  have  had  during  that  period  ;  and  it  is 
with  great  pleasure  that  I  find  I  am  to  appear  before  a 
jury  capable  of  appreciating  the  questions  to  be  sub- 
mitted to  them  in  the  further  progress  of  this  cause. 

The  trial  by  Jury  is  the  greatest  blessing  we 
enjoy — it  is  the  greatest  boon  we  have  received.  It 
is  the  shield  of  the  citizen,  which  is  to  protect  him 
from  the  attacks  of  prejudice  and  power.  It  is  truly 
the  pillar  of  fire  by  night,  and  tlie  pillar  of  cloud 
by  day.  The  citizen  may  stand  upon  this  prop,  and 
defy  the  attacks  of  arbitrary  power ;  and  these  indi- 
viduals, hunted  as  they  have  been  ;  pursued  with  all  the 
bitterness  and  malignity  which  wealth  and  talents  can 
command ;  protected  under  that  shield,  and  guarded  b}?- 
that  prop,  may  stand  erect,  and  bid  defiance  to  the 
storm  which  howls  around  their  heads. 

A  strong  and  well  organized  effort  will  be  made  to 
secure  the  conviction  of  these  defendants.  I  am  wil- 
ling to  make  issue  with  the  prosecution.  This  occa- 
sion will  be  seized,  by  the  venerable  gentleman  who  is 
to  follow  me,  as  a  favourable  opportunity  to  pour  out 
some  portion  of  that  invective  for  which  he  is  so  admi- 
rably qualified.  My  remarks  will  undergo  a  severe 
scrutin3\  You  will  be  addressed  in  the  cold  and 
chilling  expression  of  puritanical  feeling,  and  the  severe 


ALTON    TRIALS.  133 

language  of  the  law ;  and  while  I  was  anticipatmg  the 
remarks  to  which  you  will  be  called  to  listen,  as  I  came 
down  to  this  court-room  from  dinner,  and  looking  upon 
the  broad  current  of  the  mighty  river  which  floats  by 
these  walls,  I  could  not  help  drawing  a  comparison  be- 
tween the  fate  of  his  address  in  the  hands  of  this  jury, 
and  that  of  th«  ice  which  is  borne  along  upon  the  bo- 
som of  the  water  ;  and  I  could  not  help  feeling,  that  his 
address  would  meet  with  the  same  fate  in  the  warm 
hearts  of  this  honest  jury,  that  the  ice  finds  when  it  is 
borne  by  the  current  within  the  influence  of  a  warmer 
atmosphere. 

I  know  no  greater  gratification  than  to  appeal  to  a 
jury  whose  hearts  are  warmed  by  "  sympathy  for 
others'  wo." 

It  will  be  unnecessary  for  me  to  awaken  or  disturb 
the  feelings  which,  in  time  that  is  past,  have  distracted 
this  community.  I  have  no  object  to  obtain  in  so  do- 
ing. My  simple  desire,  my  plain  purpose  is,  to  submit 
to  you  the  facts  which  have  been  testified  to,  and  the 
law  which  must  govern  you,  and  then  leave  you  to  de- 
termine whether  these  defendants  are  guilty  or  not  of 
the  charge  preferred  against  them.  This  is  my  duty. 
Your  duty  is  also  plain  and  easy.  You  are  sworn  to 
try  the  issue  made  up.  What  is  that  issue  ?  What  is 
the  allegation  upon  the  one  side,  and  the  denial  by  the 
other  ?  I  will  present  it  to  you,  as  it  is  contained  in 
the  indictment,  and  I  ask  your  careful  attention  to  the 
charge  there  made. 

The  Grand  Jurors  chosen,  &:c.,  upon  their  oaths 
present,  that  John  Solomon,  and  others,  now  upon  their 
trial,  on  the  night  of  the  7th  of  November,  A.  D.  1837, 
with  force  and  violence,  entered  the  warehouse  of  God- 
frey &c  Gilman,  and  unlawfully,  and  with  force  and 
violence,  a  printing  press,  then  and  there  found,  the 
property  of  said  Godfrey  &  Gilman,  did  break  and 
destroy. 

To  this  charge  the  defendants  have  plead  that  they 
are  Not  Guilty — as  charged  in  the  indictment. 

12 


134  ALTON    TRIALS. 

"Recollect,  gentlemen,  that  that  press  is  charged  tcr 
have  been  the  property  of  Godfrey  &  Gilman,  the  latter 
of  whom  cuts  so  conspicuous  a  figure  in  this  whole 
affair.  And  when  my  brother  Sawyer  was  trying  to 
lell  you  what  he  thought  of  the  man  Oilman's  conduct  ^ 
was  hunting  for  some  word  which  would  convey  to  you 
his  idea  of  his  actions,  I  was  forcibly  reminded  of  a: 
publication  which  I  once  saw,  and  which  was  made  for 
the  purpose  of  giving  to  the  world  the  writer's  opinion 
of  the  character  of  some  individual  or  other.  After  the 
writer  had  exhausted  every  abusive  word  which  he 
could  think  of,  for  fear  he  had  not  conveyed  his  mean- 
ing strong  enough,  he  proceeded  thus  :  In  conclusion, 
if  there  is  any  epithet  in  the  vocabulary  of  the  Eng- 
lish language  more  abusive  than  any  other,  the  reader 
will  please  to  consider  it  applied. 

Then,  gentlemen,  the  charge  made  against  these 
defendants  is,  that  they  entered  the  house  with  force 
and  violence.  What  evidence  is  there  ?  whose  testimony 
proves  to  you  that  they  unlawfully  or  violently  entered 
the  house  ?  Who  entered  first  ?  Why,  West  led  the 
way.  Was  there  any  door  broke  ?  Did  any  individual 
swear  to  you  that  these  persons  made  use  of  any  vio- 
lence, more  than  all  of  the  crowd  who  rushed  into  the 
house,  impelled  by  natural  curiosity  ?  If,  from  the 
circumstance  of  entering  alone,  you  are  to  suppose  that 
the  entry  was  forcible  and  violent,  then  there  are  an 
hundred  individuals  as  guilty  as  these.  In  the  decisiort 
of  this  case  you  are  to  inquire  about  nothing,  except 
the  entering  the  house  and  breaking  the  press.  You 
have  no  concern  with  the  throwing  of  stones,  or  firing 
of  guns,  in  the  early  part  of  the  riot. 

The  proof  must  not  exceed  the  allegation ;  one  is 

not  the  ceasing  of  the   other  ;  and  under  this  charge 

you  cannot  convict  these  persons  of  being  guilty  of 

another  crime.     Now  Rock  and  others  have  been  in- 

,-     dieted  for   burglary,    and  a  noil.   pros,   entered,    and 

aJP  %nder  this  indictment,  you  cannot  convict  them  of  any 


IP* 


ALTON  TRIALS.  135 

Other  offence,  than  that  of  forcibly  and  unlawfully  en- 
tering the  house,  and  breaking  up  the  press. 

But  it  will  be  said  by  the  counsel  for  the  prosecu- 
tion, that  they  do  not  ask  you  to  convict  these  people  of 
burglary ;  but  that  they  have  introduced  evidence  to 
you  to  show^  that  high  misdemeanors  were  committed 
•on  that  night,  by  way  of  aggravation. 

Is  it,  however,  gentlemen,  a  necessary  consequence, 
■tliat  because  these  men  were  upon  the  spot  armed,  that 
tliey  entered  the  house  in  a  violent  manner  ?  is  it  a 
consequence,  that  any  door  was  broken  ?  tliat  any  tu- 
mult was  committed  ?  that  there  was  any  violence  used 
after  the  entry  was  made  ?  A  violent  and  forcible  en- 
try is  not  proved,  from  the  fact,  that  there  was  a  rush, 
when  it  was  known  that  the  house  was  abandoned  ;  but 
ihe  jury  are  bound  to  presume  that  the  rush  was  made 
by  men  in:iocent  of  crime  ;  yet  who,  from  the  know- 
lege  of  Bishop's  and  Lovejoy's  death,  and  Roff's  and 
Weller's  wounds,  v/ere  eager  to  enter  the  house,  that 
they  might  early  see  all  the  consequences  which  had 
resulted  from  the  engagement.  West  led  the  way- 
Corey  went  in  with  all  the  others  who  were  anxious  to 
gratify  their  curiosity.  And  these  men  were  as  guilty 
of  a  violent  entry  as  any  others,  although  they  were 
entirely  unconnected  with  the  mob  in  the  other  acts  of 
violence  and  riot.  Where  is  the  witness  who  swears 
to  any  act  of  violence  committed  in  entering  the  house, 
by  any  of  those  indicted  ?  There  is  none,  and  there- 
fore the  first  charge  falls  to  the  ground  ;  there  is  no 
pillar  to  support  it ;  it  exists  only  upon  paper,  without 
the  least  shadow  of  proof  to  sustain  it. 

We  then  come  to  the  second  charge  made  against 
these  persons,  that  of  breaking  up  and  destroying  the 
press.  Where  is  the  evidence  to  convict  them  upon 
this  charge  ?  for  if  you  are  called  upon  to  convict  them, 
from  the  mere  fact  that  they  stood  by  and  witnessed  its 
destruction,  then  farewell  to  the  innocence  of  your 
Judge,  your  Mayor,  your  peace  officers,  and  all  those 
citizens  who,  from  curiosity,  attracted  by  the  thrilling 


136  ALTON    TRIAL?, 

interest  of  the  scene,  had  assembled  to  witness  the  pro- 
ceedings of  that  night.  AU  who  were  there,  friends  as 
well  as  foeSy  are,  upon  that  principle,  guilty  of  this 
crime.  One  man  only  is  proved  to  have  been  guilty  of 
breaking  the  press,  and  he  is  not  upon  trial ;  no  one 
swears  that  he  saw  any  of  these  persons  throw  out  the 
press  ;  no  one  tells  you  that  he  saw  any  of  them  assist- 
ing in  the  act,  but,  on  the  contrary,  all  swear  that  they 
first  saw  the  press  on  the  ground,  between  the  w^are- 
house  and  the  river  ;  and  Frederick  Bruchy  hammering 
upon  it,  as  he  had  been  accustomed,  I  believe,  to  do 
upon  other  presses. 

Nutter  only,  besides  Bruchy,  is  connected  with  this 
press,  and  what  did  he  do  ?  Why,  merely  this ;  he 
found  a  piece  laying  on  the  ground,  picked  it  up,  re- 
marked that  it  would  do  for  painters  to  rub  paint  with, 
and  threw  it  down  again. 

This,  gentlemen,  is  all  the  testimony  which  bears 
upon  the  point  in  issue.  This  is  all  the  evidence  that 
has  been  offered  to  your  consideration,  to  prove  these 
persons  guilty  of  breaking  up  and  destroying  that  press. 

And,  gentlemen,  upon  the  strength  of  this  testimo- 
ny you  will  be  asked  w^iether  you  will  let  these  indi- 
viduals go  unpunished  ?  Loud  declamation,  horrific 
appeals  will  be  addressed  to  you,  based  upon  the  crim- 
inality of  the  acts  done  at  the  first  commencement  of 
the  riot. 

But  it  is  not  our  fault  that  we  are  not  indicted  for 
those  acts  ;  it  is  not  our  fault  that  the  bill  of  pains  and 
penalties  is  not  broad  enough  to  cover  all  the  offences 
committed  that  night.  If  they  were  so  strongly  bent 
upon  proving  us  guilty  of  criminal  acts  ;  if  they  expect- 
ed to  convict  us  of  participation  in  the  riot,  it  was  the 
duty  of  the  prosecuting  attorney  to  have  laid  his  indict- 
ment broad  enough  to  have  included  all  the  facts  in  the 
case.  But  as  it  is,  the  course  the  counsel  have  taken 
puts  me  in  mind  of  a  story  once  told  by  Mr.  Clay :  A  fel- 
low wanted  a  search  w^ arrant,  to  enable  him  to  hunt  for  a 
turkey,  which  had  been  stolen  from  him.     The  magis- 


ALTON    TRIALS.  137 

cTale,  lo  whom  he  apphed  for  the  warrant,  after  exam- 
inmg  all  his  form  books,  said,  that  he  could  find  no  form 
for  a  turkey.  But  said  he,  I  find  one  for  a  cow,  and  I 
will  give  you  that,  and  while  you  are  looking  for  your 
cow,  "  perhaps  you  may  find  your  turkey."  Now  we 
stand  in  just  such  a  situation.  The  government  are  at- 
tempting to  convict  us  of  a  riot ;  of  criminal  acts  done 
out  of  doors,  done  too  previously  to  the  commission  of 
the  offence  for  which  these  persons  are  on  trial,  under 
an  indictment  for  an  unlawful  and  violent  entering  of  a 
house ;  and  the  only  way  in  which  they  endeavor  to 
prove  guilt,  is  by  showing  you  that  certain  acts  were 
done,  and  then  asking  you  to  draw  a  presumption  that 
other  acts  were  done. 

They  ask  you  to  return  a  verdict  of  guilty  upon 
presumption  alone.  Now  I  put  the  question  to  you, 
whether  if  these  persons  did  enter  that  building  with 
force  and  violence,  from  the  crowd  of  people  who  stood 
around,  from  the  cloud  of  witnesses  they  have  arranged 
upon  that  stand,  the  prosecution  could  not  have  found 
some  one,  some  little  boy,  at  least,  who  saw  the  offence 
committed  ? 

They  have  failed  to  produce  any  witness  to  prove 
such  fact,  and  that  is  an  incontestable  rebutter  to  any 
such  presumption  as  the  one  they  will  ask  you  to 
draw.  The  same  remark  will  apply  to  the  breaking  up 
of  the  press. 

But  it  is  not  worth  while  to  say  any  thing  else  about 
the  riot ;  or  about  the  breaking  up  of  the  press.  At 
times,  in  the  investigation  of  some  crimes,it  may  be  more 
safe  to  rely  upon  circumstantial  evidence  to  prove  guilt, 
than  upon  a  connected  story.  As  for  instance,  in  the 
case  of  murder.  The  person  who  sets  himself  about 
the  commission  of  such  a  crime  works  in  the  dark  ;  he 
selects  his  time  and  opportunity  so  that  no  one  can  ob- 
serve his  actions,  or  defeat  his  plan ;  and,  from  the  ne- 
cessity of  the  case,  we  rely  upon  circumstantial  evi- 
dence to  bring  the  person  to  justice. 

But  this  act  was  not  done  in   a  corner  :  it  was  not 

12* 


138  ALTON   TRIALS, 

an  outbreak  of  popular  violence,  such  as  is  seen  in 
times  of  revolution  ;  but  it  was  done  at  a  time  when  all 
could  see  the  persons  of  those  so  engaged,  and  was  the 
result  of  long  premeditation.  Neither  was  there  any 
attempt  at  concealment  on  the  part  of  those  engaged. 
All  openly  carried  their  guns  by  their  side  ;  all  who 
said  any  thing  on  the  subject,  said  boldly,  and  this  too, 
to  your  civil  officers,  as  well  as  others  ;  that  they  would 
have  the  press  at  all  risks.  xlU  the  witnesses  called, 
swear  that  Bruchy  was  the  man  who  destroyed  the 
press.  If  any  one  else  assisted,  where  is  the  evidence 
of  it  ?  Now  let  me  ask  you  one  question.  You  must 
recollect  that  where  there  is  a  rational  doubt  of  the 
guilt  of  a  person  on  trial,  the  jury  are  bound  to  acquit : 
and  can  you  swear  that  any  of  these  persons  broke 
that  press  ?  or  can  you  say  that  any  one  of  them  au-^ 
thorized  its  destruction  ?  You,  as  jurors,  will  not  vol- 
unteer for  the  prosecution  ;  if  the  people  have  failed  to 
show  the  guilt  of  these  persons,  you  will  not  lend  them 
yom  aid  ;  you  will  not  convict  them  of  this  crime  upon 
•a  pitiA/Uxiption  that  they  are  guilty.  Suppose  Dr. 
Beal  w^as  guilty  of  this  crime  ;  it  might  have  been  hinij. 
and  suppose  you  say  so  ;  suppose  you  start  with  that 
'presumption,  there  is  no  evidence  as  to  his  guilt  ;  and 
without  such  evidence,  in  what  situation  are  you  left  ? 
Why,  in  douht ;  and  if  you  are  once  in  that  situation, 
you  are  bound  to  acquit. 

The  law  sets  too  high  a  value  upon  the  rights  of 
individuals,  to  permit  a  conviction  upon  any  other  than 
positive  evidence.  I  regret  that  the  prosecution  are  in 
this  dilemma.  If  they  had  laid  their  indictment  broad- 
er, I  really  think  that  the  "  boys"  would  have  stood  a 
bad  chance.  But  the  good  stars  of  these  men  so  provi- 
ded that  the  indictment  should  specify  but  two  distinct 
allegations  ;  and  those  of  acts  done  in  the  house.  But 
the  circumstances  !  the  circumstances  !  cry  the  gentle 
men  ;  the  keg  of  powder  !  the  stones  that  were  thrown  : 
the  guns  that  were  fired  !  the  voice  from  the  crowd  ad- 
dressing Gihnan  !  the  fire  at  the  building  !  the  battle 


ALTON    TRIALS.  139 

cry  !  the  shouts  of  victory  ! !  Well,  what  of  them  ? 
They  don't  prove  the  fact  that  these  people  were  actu- 
ally guilty  of  violently  entering  the  house  ;  or  of  break- 
ing up  and  destroying  the  press.  They  only  prove  the 
commission  of  a  distinct  and  different  offence.  The 
indictment  might  have  been  formed  so  as  to  have  in- 
cluded these  facts ;  but  the  Grand  Jury  neglected  so  to 
do,  and  we  claim  the  advantage. 

I  have  got  the  Government  upon  an  island,  and  I 
intend  to  keep  them  there  ;  and  unless  the  Government 
can  satisfy  you  that  these  individuals  are  guilty  of  the 
crime  alleged  against  them,  you  are  bound  to  acquit 
them.  Are  you  to  select  these  eight  out  of  the  hun- 
dred men  who  entered  that  building  with  them,  and  say 
that  these,  and  these  only,  are  guilty  ?  Are  you  sworn 
jurors  ?  or  do  you  set  there  as  sworn  guessers  ?  You 
can't  say  one  is  guilty  and  another  is  innocent.  You 
can't  make  this  selection  :  you  can't  be  permitted  to 
guess  in  this  way. 

But  it  is  a  waste  of  words  and  of  time  to  comment 
upon  the  danger  of  trusting  to  circumstantial  evidence. 
Monuments  still  stand  to  attest  to  the  fatality  occasion- 
ed by  credulous  juries  in  trusting  to  such  evidence. 
The  books  are  full  of  cases  to  the  point.  You  un- 
doubtedly have  heard  of  the  case  where  an  individual 
was  arrested,  tried,  and  executed,  for  taking  the  hfe  of 
his  bed-fellow  ;  the  jury  having  been  satisfied  from  the 
facts  which  were  testified  to,  of  his  guilt.  It  appeared 
in  evidence,  upon  trial,  that  they  were  both  put  into  the 
same  bed  at  night ;  that  in  the  morning,  but  one  of  them 
made  his  appearance  ;  that  search  being  made,  blood 
was  found  upon  the  sheets,  which  was  traced  from  the 
bed,  down  stairs,  out  of  the  house,  by  a  back  way,  to 
the  banks  of  the  river,  where  all  further  trace  was  lost. 
The  man's  companion  was  arrested  ;  the  jury  convict- 
ed him  upon  this  evidence,  and  he  was  executed,  not- 
withstanding his  denial  of  guilt.  It  turned  out  some 
lime  after,  that  the  man  who  was  supposed  to  have 
been  murdered,  made  his  appearance  again  in  the  coun 


140  ALTON    TRIALS. 

try  :  and  his  story  was,  that  he  had  been  bled  some 
short  time  before  ;  that  he  awoke  in  the  night,  fomid 
the  bandage  had  shpped  from  his  arm,  and  that  the 
wound  was  bleeding  afresh ;  that  he  got  up,  went 
down  stairs,  and  out  of  doors  to  the  river,  and  that  while 
he  was  there,  washing  his  arm,  a  press-gang  came  along 
and  carried  him  on  board  of  a  vessel ;  which  set  sail 
without  his  having  an  opportunity  of  afterwards  going 
on  shore.  And  this  is  but  one  of  a  thousand  instances 
with  which  our  books  of  reported  cases  are  filled. 
Gentlemen,  circumstantial  evidence  is  always,  must 
always  be  fallacious  ;  it  is  an  unsafe  basis  for  a  jury  to 
rely  upon.  You  are  not  safe  in  so  doing.  All  history 
attests  the  danger  of  founding  verdicts  upon  it ;  and 
the  darkest  spot  upon  the  pages  of  English  history, 
upon  the  records  of  her  jurisprudence,  is  that  which 
attests  the  credulity  of  her  juries. 

And  what  is  the  character,  what  the  complexion  of 
this  evidence  ?  It  is  all  circumstantial ;  and  it  seems 
like  occupying  and  reoccupying  the  same  ground  to 
comment  upon  it. 

I  will  submit  two  plain  points  to  your  consideration, 
and  leave  the  case. 

And  first,  has  the  prosecution  shown  that  the  press 
was  the  property  of  any  one  at  all  ?  They  have  shown 
it  to  be  Koff's,  if  they  have  proved  it  to  be  the  proper- 
ty of  any  one.  It  was  consigned  to  Roff,  and  because 
it  was  considered  more  safe  at  Godfrey  &  Gilman's 
than  at  Roff's,  because  it  was  landed  there,  because  it 
was  stored  there,  it  does  not  follow  that  it  thereby  be- 
came the  property  of  these  men. 

I  recognise  the  doctrine,  that  if  I  store  property 
with  you,  and  it  is  taken  from  your  possession,  you 
have  the  right  of  action  for  its  recovery.  But  I  do  not 
recognise  it  when  applied  to  criminal  cases. 

Have  the  government  shown  that  any  one  had  prop- 
erty in  this  press  ?  Where  is  the  witness  who  has 
sworn  to  the  ownership  of  it  ?  Gilman  tells  you  it  is 
not  his  ;  but  he  tells  you  a   long  story  about  it,   and 


ALTON    TRIALS.  141 

leaves  it  to  you,  to  draw  your  own  conclusions.  Whose 
was  it  ?  not  Oilman's,  for  he  swears  it  was  not  his  : — 
not  Godfrey's,  for  Gilman  swears  he  did  not  subscribe 
to  the  other  press.  Whose  was  it  then  ?  Gentlemen, 
do  you  believe  Lovejoy  would  have  offered  himself  as 
a  victim  for  a  press,  in  which  he  had  no  interest  ? 

In  what  light  shall  we  regard  this  testimony,  as  to 
the  ownership  of  that  press  ?  Lovejoy  was  to  have 
been  the  editor  of  the  paper,  which  was  to  have  been 
published  from  that  press  ;  then  Lovejoy  and  not  Gil- 
man  was  the  owner  of  it. 

Rolf  was  the  consignee,  and  went  to  defend  it:  then 
RofF  was  the  owner,  and  neither  Lovejoy  nor  Gilman. 

And  if  it  was  not  the  property  of  Roff,  then  it  must 
have  been  the  property  of  those  who  bought  it,  and  sent 
it  here,  and  should  have  been  so  alleged  and  proved. 

And  as  to  the  ownership  of  the  warehouse — the 
only  proof  introduced  before  you,  is  that  Godfrey  &  Gil 
man  have  title  deeds  to  it.  It  is  proved  that  Godfrey  & 
Gilman  were  in  possession  of  the  building,  at  the  time 
of  the  riot,  and  possession  is  evidence  of  title,  only  in 
case  of  the  non-existence  of  title  papers.  Where  there 
are  title  papers,  the  rule  applies  that  the  best  evidence 
should  be  produced — and  in  the  absence  of  these  deeds 
there  is  no  legal  evidence  that  this  firm  owned  the 
property. 

Then  the  prosecution  have  not  proved  that  this 
building,  or  tliis  press  was  the  property  of  Godfrey 
&  Gilman,  and  all  their  allegations  have  failed.  The 
people  have  proved  nothing — ^just  nothing  at  all — and 
this  day  has  been  consumed  in  the  enactment  of  anoth- 
er farce. 

But  one  word  as  to  Nutter.  The  purpose  for 
which  he  came  down  to  the  city,  on  the  night  of  the 
riot,  cut  a  considerable  figure  in  the  cross-examination 
of  tlie  witness  Shemwell.  The  young  man  very  frank- 
ly stated  to  you,  that  he  came  down  to  do  some 
business  for  one  lady,  with  another ;  and  T  thought, 
that  when  that  fact  was  disclosed,  common  decorum 


142  ALTON    TRIALS. 

would  have  prevented  the  prosecuting  attorney  fronn 
pressing  the  point  any  farther.  But  nothing  would 
satisfy  the  prying  curiosity  of  the  gentlemen,  till  they 
had  ascertained  that  the  young  men  actually,  and  bona 
iide,  "  came  a  courting."  Nutter  is  the  only  one  of 
the  eight  persons  on  trial  who  is  proved,  by  the  evi- 
dence, to  have  had  any  thing  to  do  with  the  destruction 
of  that  press.  And  I  will  leave  to  you  to  say,  whether 
his  act  was  more  than  the  careless  act  of  a  curious  per- 
son. It  was  inconsiderate  perhaps,  but  I  think  you 
will  hardly  say  it  was  criminal. 

The  witness  Shemwell  tells  you,  that  Nutter  engaged 
in  none  of  the  acts  of  violence,  which  were  committed 
that  night ;  that  he  and  Nutter  kept  together  all  the 
time,  and  it  was  natural  that  they  should  have  done  so. 
It  seems  that  all  who  had  much  to  do  at  that  time  kept 
together,  as  much  as  circumstances  would  allow  them. 
When  you  hear  of  Rock,  the  rest  of  these  persons  who 
are  on  trial  were  near  him.  Those  in  the  warehouse 
kept  together  so  long  as  they  remained  in  the  building, 
and  when  they  abandoned  it,  thev  still  kept  as  close 
together  as  the  speed  of  the  different  individuals  would 
allow.  And  there  was  old  Morgan,  running  about  like 
a  dog  in  high  rye,  crazy,  as  one  of  the  witnesses  said. 
He  always  takes  care  to  be  on  the  strongest  side,  and 
if  the  defenders  of  the  warehouse  had  been  successful, 
no  doubt  he  would  have  exhorted  them,  "  to  go  up  and 
finish  their  work,"  as  it  is  proved  he  did  in  this  case. 

Gentlemen,  it  is  not  on  suspicion  that  you  will  say 
that  these  men  clubbed  touether — congregated  into  a 
body,  and  violently  entered  the  building,  and  destroyed 
the  press.  It  is  not  on  suspicion,  that  you  will  convict 
these  men,  even  though  they  are  of  what  the  gentle- 
man calls  the  "  genuine  democracy."  I  expect  that 
the  democracy  will  be  cut  up  by  the  venerable  counsel, 
with  all  the  supercihousness  l:)clonging  to  the  well  born 
and  well  bred.  I  have  yet,  however,  to  learn  that  an 
honest  jury,  will  convict  a  man  for  the  "  cut  of  his 
coat,"  or  because  he  is  seen  in  a  caffee-house,  or  be- 


ALtON    TRIALS.  143 

cause  he  happens  to  fall  into  what  the  gentleman  may 
call  bad  company. 

I  have  said  all.     And  in  conclusion,  I  ask   at  the 
hands  of  this  jury,  that  indulgence  which  my  situation 
demands.     I  know  abuse  will  be,  and  has  already  been 
heaped  upon  all  of  us.     Scarce  one  has  escaped  it.     I 
know  that  this  community — that  the  community  beyond 
our  own  vicinity,  are  anxiously  waitino-  the  issue  of  this   * 
trial.     I  am  aware,  that  for  the  exercise  of  your  good 
sense,  of  your  reason,  in  the   question  of  the   guilt  or 
innocence  of  these  men,  your  motives  will  be  assailed, 
your  characters  attacked,  and  the  basest  and  vilest  im- 
putations cast  upon  you.     But  I  rely  confidently  upon 
this  jury,   well   knowing  that  against   an  mdependent, 
honest,  high-minded  jury,  the   torrent  of  abuse  will  be 
harmless ;  that  like  the  rock  of  Gibraltar,  which  with- 
stands the  fury  of  the  tempest,  and  the  waves   of  the 
tea,   as  they  beat  against  its  base,  so    this  jury  will 
stand,  proudly  erect,  high  above   the   storm,  while  the 
waves  of  invective   are  dashing    themselves  to  pieces 
at  their  feet. 

Cowles  for  the  People. 

Gentlemen  of  the  Jury, — It  has  become  my  duty, 
in  closing  the  argument  in  behalf  of  the  people,  to  bring 
to  your  minds  considerations  of  duty,  and  not  to  dis- 
tract your  attention  from  the  points  in  issue,  or  obscure 
the  exercise  of  sound  legal  discretion.  You  have  been 
chosen  to  stand  betw'een  the  people  and  the  defendants, 
and  while  you  are  vigilantly  to  guard  the  rights  of  per- 
sons, you  are  also  religiously  to  protect  and  preserve 
the  interests  of  the  government.  Your  verdict  is  to 
determine,  whether  law  or  licentiousness  is  to  prevail ; 
whether  we  are  to  live  under  the  rule  of  law^,  or  the 
"reign  of  terror."  Your  duty  is  one  of  great  responsi- 
bility ;  for  your  verdict  is  to  decide,  whether  the  enact- 
ments of  your  Legislature,  or  the  law  of  the  lawless,  is 
of  greater  authority.  Your  position  is  one  which  re- 
quires great  firmness.  You  may  be  infected  w^ith  that 
spirit,  which  has  wrought  deeds  of  dishonor,  and  vio- 


144  ALTON    TRIALS. 

lation  to  your  laws  and  constitution ;  you  may  be  in- 
fected with  that  spirit,  which  has  caused  a  stain  upon 
the  character  of  this  city,  which  the  whole  current  of 
the  mighty  Mississippi  cannot  wash  away ;  which 
has  cast  a  blot  upon  the  escutcheon  of  our  State,  that 
ages  cannot  efface.  You  may  be  infected  with  that 
spirit,  which  by  the  sanction  it  has  given  to  the  violent, 
illegal,  and  murderous  acts,  of  the  7th  of  November 
last,  has  made  the  name  of  this  city  a  by-word  of  re- 
proach to  all  coming  generations.  Your  verdict  may  le- 
galize riot,  may  legalize  arson,  may  legalize  murder.  If 
your  verdict  sanctions  those  acts,  it  will  sanction  any 
and  every  dishonor,  which  can  disgrace  civilized  societ}'. 

I  trust,  however,  that  almost  in  the  words  of  one, 
whom  many  have  delighted  to  honor,  yon,  by  your  ver- 
dict, will  say,  that  the  government  must  be  preserved  ; 
that  you  will  prove  true  to  your  country,  its  laws  and 
institutions  ;  that  you  will  prove  true  to  your  constitu- 
tion, and  that  you  will  say,  that  whenever  the  evil  pas- 
sions of  men  burst  out  in  crime,  you  will  apply  to  them 
the  corrective  of  the  law.  I  trust  that  a  jury  of  my 
citizens  cannot  be  found,  who  are  prepared  to  sanction 
these  outrages ;  those  acts  of  licentiousness,  which 
have  struck  a  vital  blow  to  the  best  interests  of  this 
city,  and  defamed  and  disgraced  the  character  of  both 
its  rulers  and  ruled. 

But  let  us  turn  from  considerations  like  these.  And 
in  the  first  place,  permit  me  to  remark,  that  you  are 
not  bound  to  return  a  verdict  of  guilty  against  all,  if 
you  find  satisfactory  evidence  of  the  guilt  of  a  part 
only,  of  those  inchided  in  this  indictment.  If  you 
come  to  the  conclusion,  that  one  or  more  of  these  indi- 
viduals, are  unjustly  charged  with  the  commission  of 
this  crime,  and  still  find  that  any  two  or  more  of  them 
are  guilty,  you  can  so  return  your  verdict. 

And  what  is  the  evidence  ?  Some  of  the  facts  tes- 
tified of  before  you,  are  not  disguised.  The  sophistry, 
and  shuffling  of  the  counsel  for  the  accused,  could  not 
avail  in  disguising  them.     They  stand  out  in  too  strong 


ALTON    TRIALS.  145 

relief  to  be  disguised ;  as  they  were  proved  too  plainly 
and  distinctly  to  be  denied. 

Was  the  warehouse  of  Godfrey  &  Oilman  entered 
with  force  and  violence  ?  Was  the  press  of  Godfrey 
■6c  Gilman  violently  destroyed  ?  And  were  such  acts 
lawful?  Because,  gentlemen,  it  is  no  matter  v;hat 
principles  that  press  was  intended  to  promulgate.  They 
will  not  entice  the  jury,  although  they  inflamed  an 
armed  multitude.  You,  gentlemen,  stand  between  the 
living  and  the  dead.  The  voice  of  him,  who  would 
have  spoken  through  that  press,  is  hushed  in  the  sleep 
of  death ;  he  cannot  speak  to  you  from  the  cold  and 
silent  tomb  ;  he  cannot  speak  to  you  of  injured  faith, 
of  broken  laws,  of  a  violated  constitution  ;  he  cannot 
speak  to  this  community,  of  rights  which  ha\e  been 
trampled  upon,  or  privileges  which  have  been  denied 
to  him ;  he  cannot  speak  to  these  men  of  laws  which 
have  been  violated,  and  to  those  who  were  his  fellow 
citizens,  of  duties  which  they  may  have  disregarded. 
But  by  your  voice,  that  press,  and  those  lips  may  speak 
trumpet-tongued.  It  may  be  a  voice  which  will  calm 
excitement — call  back  tranquillity — restore  confidence 
— uphold  law — and  invite  population. 

I  trust  that  you  all  approach  this  case,  conscious  of 
the  responsibihty  which  rests  upon  each  one  of  you ; 
that  you  have  banished  prejudice  from  your  hearts  ; 
that  you  feel  a  high  resolve,  to  render  life  safe  and 
properly  secure  ;  and  a  noble  determination  to  rally 
around  the  institutions  of  your  country,  and  preserve 
inviolate  your  laws  and  your  constitution.  You  have 
been  told  that  the  institution  of  a  jury,  is  a  noble  insti- 
tution ;  that  it  is  the  shield  which  protects  ^d  guards 
the  rights  of  the  humblest  of  us  all ;  that  it  is  the  ram- 
part behind  which  tlie  citizen  may  defy  the  attacks  of 
arbitrary  power,  and  the  barrier  raised  to  protect  him, 
from  the  assault  of  lawless  force.  Could  the  gentle- 
man have  forgotten,  that  these  individuals,  whose  guilt 
you  are  now  called  to  pass  upon,  broke  down  that  bul- 
wark, and  overthrew  that  barrier  ?     Could  he  have  for- 

13 


1 46  ALTON    TRIALS. 

gotten  that  these  men  usurped  the  authority  of  this  tri- 
bunal, and  overthrew  the  institutions,  they  themselves 
had  aided  to  erect,  when  they  said  that  that  press  should 
be  destroyed  ? 

Was  that  act  lawful  ?  Have  the  people  of  any 
village  or  city,  have  the  people  of  any  precinct  or  coun- 
ty, have  the  people  of  your  whole  State,  a  right  to  say 
what  shall  and  what  shall  not  be  printed  ?  because  this 
is  the  question  you  are  to  decide.  You  must  decide  it ; 
because,  if  you  acquit  these  individuals,  you  admit  that 
they  were  justified  in  the  commission  of  this  crime ;, 
and  you  say  that  a  portion  of  the  people  may  declare 
and  determine  what  principles  may  be  promulgated 
through  the  press,  and  what  shall  not. 

Let  me  turn  you  to  your  Constitution,  and  in  the  8lh 
article  of  that  instrument,  1  find  that  "  the  free  com- 
munication of  thoughts  and  opinions  is  one  of  the  inval- 
uable rights  of  man,  and  every  citizen  may  freely  speak, 
write,  and  print  on  any  subject,  being  responsible  for 
the  abuse  of  that  liberty."  Responsible  to  whom  ? 
That  same  instrument  also  tells  us  that  "  no  freeman 
shall  be  imprisoned,  or  deprived  of  his  freehold,  liberties 
or  privileges,  or  outlawed,  or  exiled,  or  in  any  manner 
deprived  of  his  life,  liberty,  or  praperty,  except  by  the 
judgment  of  his  peers,  or  the  laws  of  the  land." 

Who  are  a  man's  peers  7  You,  as  jurors  !  and  only 
by  you,  as  jurors,  can  a  man's  life,  his  liberty,  his  privi- 
leges, or  property  be  taken  away.  If  there  are  any  who 
have  constituted  a  different  tribunal  ;  who  have  estab- 
lished an  arbitrary  power  ;  who  have  organized  a  dif- 
ferent body,  and,  by  force,  have  taken  away  the  liberty, 
privilege,  the  property  or  life,  of  any  other  individual  of 
the  community,  have  they  not  usurped  the  province  of 
your  body,  assumed  the  prerogative  of  law,  and  invaded 
the  spirit  and  trampled  upon  the  letter  of  your  Consti- 
tuiton  I  You  must  be  jealous  of  any  invasion  of  your 
province  as  a  jury  :  you  must  be  jealous  of  your  pre- 
rogatives ;  you  must  be  jealous  of  any  violation  of  your 
Constitution :  because,  if  you  will  not,  if  you   do   not 


ALTON    TRIALS.  147 

preserve  that  instrument  unharmed,  where  are  your 
own  rights  ?  either  of  life,  liberty  or  property  ?  If  you 
prove  recreant  to  your  duty ;  if  you  are  false  to  the 
trust  reposed  in  you,  where  is  your  redress  when  your 
own  rights  are  violated  ?  If  you  will  not  maintain  the 
laws  of  your  country,  the  case  of  Gilman  yesterday, 
may  be  yours  to-morrow  ;  and  like  the  murdered  Love- 
^oy,  when  the  authorized  officers  of  the  law  are  unable 
or  unwilling  to  protect,  you  may  be  called  upon  to 
stand  up,  alone  and  unaided,  and  strike  one  blow  for 
the  defence  of  your  own  property  and  rights,  against 
the  lawless  attack  of  an  armed  and  infuriated  rabble. 
And  the  press  has  been  destroyed,  because,  in  the  ex- 
ercise of  a  freeman's  spirit,  he  who  was  to  have  given 
energy  to  its  powers  refused  to  surrender  any  of  his 
rights  to  the  dictation  of  a  band  of  bravos.  Take  care, 
gentlemen,  lest  you  so  act  that  the  same  body,  when 
offended  to-day  by  the  sound  of  a  freeman's  voice,  by 
the  feelings  of  a  freeman's  heart,  by  the  expression  of 
a  freeman's  thoughts,  may  strike  the  knife  to  his  heart, 
and  plead  your  special  license  for  riot  and  pillage,  fof 
arson  and  murder,  as  their  best  excuse  and  sole  justifi- 
cation. Europe  has  its  nominal  liberty  of  thought  and 
speech,  without  the  shadow  of  its  reality.  Germany, 
land  hallowed  by  the  memory  of  her  literati  of  former 
days,  has  given  to  her  princes  dominion  over  the  exer- 
cise of  this  invaluable  right.  France  is  once  more  un- 
der the  rule  of  the  Goths  and  Vandals  ;  for  her 
Council  of  Supervision,  with  their  arbitrary  power,  not 
only  suppress  the  expression  of  principles,  in  non- 
accordance  with  their  creed,  when  found  in  articles  de 
signed  for  instruction,  but  also  when  they  appertain  to 
those  lighter  works  intended  only  for  the  amusement  of 
an  idle  hour.  The  governments  of  these  countries  are 
arbitrary;  they  have  established  a  supervision  of  the 
press,  an  inquisition  of  the  mind.  Tyranny  suppress- 
es all  sentiments  of  liberty  ;  and  the  land  groans,  and 
tlie  peoole  turn  pale  under  such  iron  despotism.  But 
in  this  government,  your    Constitution  has  made  pro- 


148  ALTON    TRIALS. 

vision  that  the  press  should  be  free  and  uncontrolled, 
has  said  that  the  free  communication  of  thought  was 
an  invaluable  right  of  man,  and  that  mind  should  be 
free  as  the  mountain  breeze.  Your  Legislature  could 
not  restrain  the  operation  of  that  instrument ;  could  not 
alter  or  take  away  the  rights  there  guarantied.  Yet  a 
mob,  an  armed  band  of  rujSians,  have  usurped  that 
authority,  and  have  said  that  a  free  communication  of 
thought  should  not  be  allowed  ;  that  men's  minds  should 
be  trammelled,  if  not  by  constitutional  enactments,  then 
by  the  strong  arm  of  brute  force  ;  have  said  that  the 
press  should  be  destroyed,  and  that  too,  before  it  utter- 
ed one  word  by  which  its  principles  could  have  been 
ascertained. 

The  word  of  a  mob  has  been  almost  undenied  and 
undeniable  law.  With  profane  oaths  they  swore  they 
would  destroy  that  press ;  and  amidst  the  cries  of  the 
battle  field,  with  the  shrieks  of  the  wounded,  and  groans 
of  the  dying,  by  the  light  of  the  incendiary's  torch,  and 
over  the  dead  bodies  of  their  fellow  citizens,  they  ac- 
COlTiplished  their  purpose.  By  the  blow  which  finished 
the  destruction  of  that  press  did  your  own  rights  receive 
no  wound  ?  The  arm  that  ivas  uplifted  to  break  that 
press  in  'pieces  was  raised  to  violate  your  Constitution, 
Can  you,  gentlemen,  as  you  are  asked  to  do,  sanction 
by  your  verdict  the  acts  and  the  actors  of  that  night, 
and  to  say  God  speed  to  the  next  violation  of  your  rights 
and  privileges  ? 

Now  who  were  concerned  in  these  outrages  ?  I 
admit  that  you  must  be  satisfied,  beyond  a  doubt,  that 
the  defendants  are  guilty,  before  you  can  convict  them. 

We  have  proved  that  the  plan  of  destroying  that 
press  was  not  only  long  premeditated,  but  openly 
avowed. 

Do  you  doubt  the  formation  of  such  a  resolution  ? 
It  is  written  in  characters  no  man  can  mistake  ;  it  is 
proved  by  evidence  as  plain  as  the  existence  of  a  noon- 
day sun.  Bear  wath  me  while  I  turn  your  attention  to 
that   point;  while   I    show    you    that   the    individuals 


ALTON    TRIALS.  149 

named  in  the  indictment  avowed  their  determination  to 
do  the  act  they  afterwards  accoraphshed. 

The  first  witness  to  the  point  is  West.  He  swears 
that  he  had  a  conversation  with  Solomon,  that  Solomon 
communicated  to  him  the  plan  which  had  been  deter- 
mined upon  ;  that  he  saw  Beal,  and  had  a  conversation 
with  him,  in  the  course  of  which,  and  in  reply  to  a  re- 
quest which  he  made,  that  Beal  would  use  his  influence 
to  induce  the  "  boys"  to  abandon  their  project,  Beal 
said  he  could  have  no  influence  and  would  do  nothing 
about  it. 

Now  recollect  the  testimony  of  Mr.  Krum,  who  tells 
you  that  Beal,  while  the  mob  were  breaking  up  the 
press,  said,  Now  boys  we  must  stick  together,  and  it 
any  one  is  arrested  we  must  come  to  his  rescue.  Beal 
had  firearms  by  his  side,  and  made  this  declaration, 
after  the  mob  had  accomplished  the  purpose  for  which 
they  assembled,  and  which  they  had  sworn  they  would 
do.  Butler  and  Rock,  too,  stood  by  his  side  ;  they  too 
were  armed;  and  can  you  doubt  that  these  persons  were 
guilty  ? 

Again,  a  company  of  fifteen  or  twenty  armed  men 
marched  through  your  streets  to  Oilman's  warehouse, 
Who  were  among  them  ?  Carr  and  Palmer  addressed 
the  Mayor  when  Bishop  was  shot.  Rock,  Butler,  and 
Beal  stood  near,  and  Solomon  was  round,  as  is  plainly 
proved  by  the  testimony  of  the  Mayor,  Messrs.  Robbins 
and  West.  Admit  it  is  not  proven  that  Nutter  was 
among  this  company  v/hen  their  resolution  of  destroy- 
ing the  press  was  formed,  or  avowed.  It  is  proved 
that  he  was  apprised  of  the  act  that  was  to  be  done 
that  night ;  that  he  left  his  home ;  that  he  travelled 
miles  till  he  reached  this  city ;  that  he  was  at  the  place 
of  attack ;  and,  finally,  that  he  joined  in  the  work  of 
destruction.  Why  was  he  here  at  all?  His  presence 
is  attempted  to  be  accounted  for  by  a  story  of  an  affair 
of  gallantry,  but  the  proof  in  the  case  afl'ecting  him  is 
too  strong  to  be  overthrown  by  such  slight  pretext.  If 
he  was  honest  in  his   intentions,  he,  like  honest  old 

13* 


150  ALTON    TRIALS. 

Trav,  (spoken  of  by  the  Counsel  for  the  accused  the 
other  day,  when  pressing  the  guilt  of  another  person,) 
must  suffer  for  associating  with  Tiger.  Whether  Nut- 
ter wanted  the  excitement  which  so  powerfully  influ- 
enced the  others,  and  so  kept  back  till  he  thought  he 
could  safely  come  forward,  I  know  not.  Certain  it  is, 
however,  that  he  participated  in  the  work  of  destruction 
which  was  goinsj  on. 

Then  in  regard  to  Carr,  Palmer,  Rock,  Butler,  Beal, 
Solomon  and  Nutter,  is  there  any  doubt  ?  They  de- 
clared the  press  should  be  destroyed ;  they  attacked 
the  building  in  which  it  was ;  they  entered  that  build- 
ing ;  the  press  was  destroyed ;  and  one  of  them  is 
proved  to  have  assisted  in  its  destruction  ;  and  is  it  not 
an  in'esistible  inference  that  those  who  swore  they 
would,  actually  did  destroy  it  ?  Suppose  a  man's  life  is 
threatened,  and  lost  ?  and  you  know  that  an  enemy  had 
threatened  to  take  it  away  ?  are  you  not  forced  to  the 
conclusion  that  the  man  who  threatened  he  would,  in 
reality  did  take  his  life  ?  Miller  swears  to  you  that 
Carr,  surrounded  by  his  confederates,  backed  up  by  the 
presence  of  Rock,  Bruchy,  Butler,  Palmer,  and  others, 
told  Mr.  Oilman  that  they  would  have  the  press  at  the 
risk  of  their  lives  ;  and  will  you  doubt,  after  this  avowal 
of  their  determination,  upon  the  very  spot  of  the  vio- 
lence, who  destroyed  the  press  ?  or  will  you  doubt  who 
entered  the  building  ?  or  will  you  doubt  that  both  acts 
were  done  with  force  and  violence  ? 

Gilman  swears  that  the  defenders  of  that  property 
abandoned  the  building  for  fear  of  their  lives  ;  and  yet 
the  Attorney  General  has  told  you  that  there  was  no 
force  used  in  entering  the  building.  But  suppose  a 
man  comes  to  my  house,  presents  firearms  to  my 
breast,  demands  my  property,  and,  to  preserve  my  life, 
I  retire  from  it ;  abandon  its  defence.  Is  there  no 
force  in  such  case  ?  Will  the  gentleman  say  that  W 
surrendered  my  property  of  my  own  free  will '/  G'eiF-' 
tlemen,  let  us  turn  to  the  testimony  of  Mr.  Krum^^  aiid 
what  is  it  ?     He  tells  you  that  when  he  first  replied 


ALTON    TRIALS.  151 

the  ground,  he  met  a  crowd  carrying  Bishop  in  their 
arms  ;  that  he  asked  what  was  the  matter :  that  he 
was  told  one  of  their  company  was  shot ;  that  he  asked 
their  object ;  and  that  Carr  said  all  they  wanted  was 
the  press.  Is  there  any  doubt  about  their  object  ?  He 
proceeds,  and  says  that  he  saw  the  mob  breaking  up 
the  press  ;  that  he  saw  it  thrown  into  the  river ;  that 
Rock  stood  by  with  arms  ;  that  Beal  said,  "  Now  boys 
we  must  stick  together,  and  if  any  of  us  are  arrested 
we  must  come  to  the  rescue." 

And  so  with  Mr.  Robbins,  who  swears  to  you  that 
these  men  avowed  their  detemination  to  have  the  press 
at  all  hazards  ;  that  they  had  arms  in  their  hands  at 
the  time  ;  and  that  he  saw  some  of  those  within  the 
walls  of  the  building  where  the  press  was  stored. 

And  as  it  regards  Solomon,  although  he  is  not  proved 
as  having  been  conspicuous  in  the  attack,  still  he  was 
shot ;  and  that  I  hold  conclusive  proof  that  he  was 
engaged  ;  because,  with  the  exception  of  the  men  who, 
after  their  capitulation,  were  shot  at  while  retreating, 
no  one  was  shot  unless  he  was  engaged.  The  evidence, 
gentlemen,  proves  conclusively,  that  Butler,  Carr,  Jen- 
nings, Beal,  Rock,  Palmer,  Morgan,  Bruchy,  Solomon, 
Nutter  and  Smith,  were  engaged  in  the  commission  of 
the  offences  for  which  they  have  been  indicted. 

Now,  are  the  jury  so  incredulous  as  to  believe  that 
unless  all  went  in — all  threw  out — and  all  broke  up 
the  press,  none  are  guilty  ?  Suppose  some  entered  the 
building  and  threw  out  the  press  ;  others  broke  it  up ; 
and  others  stood  by,  encouraging  and  approving  the 
doing  and  the  violence,  are  they  not  all  guilty  ?  Sup- 
pose one  man  assaults  another  in  the  street,  and  a  third 
person  stands  by  refusing  to  aid,  preventing  others  from 
assisting  the  man  who  is  assaulted  ;  would  you  say 
that  they  were  not  both  guilty  of  the  offence  com- 
initted  ? 

V  Then  when  we  prove  to  you  that  these  individuals 
swore  that  this  act  should  be  done — and  also  prove  thai 


152  ALTON    TRIALS. 

the  act  was  done,  in  the  presence  of  these  persons, 
some  standing  by  encouraging  those  who  were  engaged 
in  the  work  of  violence,  how  can  you  help  believing 
that  all  were  guilty  ?  how  can  you  avoid  returning  a 
verdict  of  guilty  against  all  ? 

The  gentleman  tells  you  of  the  danger  of  relying 
upon  circumstantial  evidence  ;  and  he  has  arrayed  be- 
fore you  all  the  bugbears  which  he  could  conjure  from 
a  fertile  imagination,  to  endeavor  to  deter  you  from 
relying  upon  the  evidence  which  the  people  have 
brought  against  these  men. 

But  we  ask  you  to  make  no  violent  presumptions. 
We  prove  to  you  that  these  men  determined  this  act 
should  be  done ;  that  in  pursuance  of  this  determina- 
tion they  assembled  together ;  that  in  the  execution  of 
their  plan  they  assaulted  the  warehouse  ;  that  they 
forced  its  defenders  to  capitulate  and  fly  for  their  lives  ; 
that  these  people  entered  the  warehouse  ;  that  the  press 
was  seized  by  some  one,  and  thrown  out  of  the  ware- 
house ;  that  these  persons  destroyed  it ;  and  the  gentle- 
men calls  this  evidence,  such  evidence  as  a  jury  can- 
not safely  rely  upon.  Each  fact  by  itself,  it  is  true,  is 
not  sufficient  to  warrant  you  in  convicting  these  men  ; 
but  when  the  links  are  all  united  they  form  a  chain  of 
irresistible  force ;  and  all  together  form  a  conclusive 
whole. 

You  have  been  also  informed  by  the  Attorney  Gen- 
eral that  there  w^as  no  violence  used,  in  entering  this 
building ;  and  because  no  doors  w^ere  broken,  you  are 
asked  to  say  that  the  first  charge  in  the  indictment 
falls  to  the  ground.  But  I  call  to  your  recollection 
the  declaration  made  by  Mr.  Oilman,  that  he  left  that 
building  from  fear  that  his  life  would  be  lost,  if  he  re- 
mained longer.  Suppose  this  declaration  had  not  been 
made  ?  We  have  proved  that  the  windows  were  bro- 
ken out ;  that  the  building  was  set  on  fire,  and  were 
those  acts  done  without  the  application  of  actual  force  ? 
Suppose  Rock  did  not  bring  the  fire  which  was  applied 


ALTON    TRIALS.  153 

to  that  building ;  some  one  else  did ;  Rock  stood  by, 
saw  it  put  to  the  building ;  encouraged  the  act,  and 
was  guilty  of  the  violence  used. 

But  it  is  not  necessary  that  we  should  prove  any 
actual  violence ;  it  is  sufficient  if  we  prove  a  construc- 
tive force.  A  constructive  breaking  is  where  by  fraud, 
by  trick  of  any  kind,  any  entrance  into  a  building  is 
effected. 

A  constructive  breaking,  is  where  an  entrance  is 
obtained  into  another's  building  by  threats  or  violence 
to  the  owner's  person  or  property;  even  thovgh  the 
owner  should  open  the  door,  with  his  own  hands,  and 
let  the  individuals  in  ;  provided  he  did  so  from  fear  of 
actual  violence. 

I  will  refer  you  to  x4.rchibald  for  the  law  which  I 
have  now  given  you,  p.  258 ;  and  Starkie,  2d, 
p.  320. 

Now,  gentlemen,  apply  to  this  law  Mr.  Oilman's 
evidence.  He  swears  to  you,  that  he,  and  those  that 
were  with  him,  left  that  building  from  actual  fear  that 
their  lives  would  be  destroyed  if  they  remained  ;  and  I 
ask  you,  Avhether  if  we  have  failed  to  prove  an  actual 
entering  with  force,  we  have  not  succeeded  in  proving 
a  constructive  breaking,  from  the  effect  of  threats  and 
violence  to  this  man^s  person  or  properti/. 

But  the  counsel  for  the  accused  have  also  said,  that 
we  have  introduced  no  evidence  that  Gilman  &  God- 
frey were  the  owners  of  the  building,  or  the  press. 

It  was  testified  to  you,  however,  by  Mr.  Gilman, 
that  he  and  his  partner  built  the  warehouse ;  and  that 
they  still  had  the  possession  and  occupancy  of  it,  and 
the  Court  ruled  that  proof  of  possession  was  sufficient 
to  support  the  allegation  of  ownership,  made  in  the 
indictment. 

And  as  to  the  press,  the  jury  will  recollect,  that 
when  we  asked  of  Mr.  Gilman,  whether  he  was  not 
liable  for  that  press,  as  a  bailee,  the  attorney  gen- 
eral objected  to  the  question,  and  argued  the  point,  but 
the  Court  would  hear  no  reply  from  the  counsel  for  the 


154  ALTON    TRIALS. 

people,  holding  the  law  to  be  undeniable,  that  where 
property  is  alleged  to  be  in  any  individual,  and  proof 
of  a  special  property  existing  in  the  individual  is  offer- 
ed, such  proof  shall  be  admitted,  and  shall  be  deemed 
sufficient  evidence  of  the  charge,  which  the  indictment 
makes. 

The  attorney  general,  in  his  argument  in  defence 
of  these  men,  admitted  the  correctness  of  this  rule  in 
civil  cases,  but  denied  its  application  to  criminal 
charges. 

You  will  find  the  law,  as  it  is  laid  down  in  the 
books,  in  Archibald,  pp.  32,  and  176,  which  you  will 
take  with  you  in  your  retirement. 

-:^Mf-  Oilman  has  sworn  to  you  that  Godfrey  &  Oilman 
took  this  property  on  storage  ;  that  they  paid  the  char- 
ges upon  it ;  {}mt  it  was  landed  at,  and  stored  in  their 
warehouse.  True  it  was  consigned  to  Roff,  but  it  nev- 
er reached  him  ;  he  had  neither  actual  nor  constructive 
possession  of  it,  and  therefore,  it  could  not  be  considered, 
nor  have  been  charged  as  his  property.  Oodfrey  &c  Oil- 
man, however,  had  both  actual  and  constructive  posses- 
sion, and  the  indictment  charging  the  press  as  their  proper- 
ty is  well  laid.  There  is  no  denying  the  law  I  have  pro- 
duced ;  there  are  no  exceptions  to  the  rules  I  have  read  ; 
flie  whole  current  of  authority  supports  the  position 
I  have  laid  down  to  you.  We  have,  therefore,  proved 
to  you  that  there  was  an  unlawful  and  violent  act  done  ; 
that  these  persons  swore  that  they  would  do  that  act ; 
and  that  they  assembled  for  the  purpose  of  carrying 
their  threats  into  execution. 

With  proof  of  these  facts,  do  T,  speaking  in  the 
name  of  the  people,  ask  you  to  do  too  much,  when  I 
ask  you  to  observe  the  oaths  you  have  taken  ;  to  regard 
the  law  and  the  evidence  you  have  heard,  and  return  d 
verdict  of  guilty?  No  force  in  entering  that  building! 
There  was  all  the  force  which  lawless  violence,  in  the 
exercise  of  unregulated  authority,  under  the  excitement 
of  unbridled  passion  could  make  ;  there  was  that  force 
which  compelled  the  owner  of  that  property  to  abandon 


ALTON    TRIALS.  155 

his  castle  and  flee,  for  his  life,  from  the  hot  pursuit  of 
bravos  bent  upon  murder.  If  the  fire,  or  the  powder, 
had  actually  burnt  up  or  blown  up  that  building,  would 
there  have  been  force  ?  and  was  there  none  because  the 
fire  which  was  applied  did  not  actually  consume  it  to 
ashes  ? 

No,  gentlemen  !  the  people  have  proved  all  they 
are  bound  to  do  ;  they  have  sustained  all  the  allegations 
they  have  made,  and  having  discharged  the  duty  in- 
cumbent upon  them,  the  counsel  for  the  people  now  ask 
you  fearlessly  to  perform  that  which  is  incumbent  upon 
you.  They  ask  you  to  stand  up  for  your  laws,  and 
constitution,  and  put  your  frown  upon  this  attempt  to 
drown  the  voice  of  the  law,  by  the  louder  uproar  of  an 
excited  mob. 

They  ask  you  to  believe  these  men  guilty  upon  the 
evidence  you  have  heard  ;  upon  the  proof  before  you, 
that  a  plan  to  destroy  that  press  was  formed ;  that  the 
place  where  it  was  stored  was  besieged,  and  attacked  ; 
that  the  windows  were  broken  ;  that  the  building  was 
fired  ;  that  from  fear  their  lives  would  be  sacrificed,  the 
defenders  abandoned  the  building ;  and  that  the  press 
was  destroyed,  and  destroyed  by  a  portion  of  these  very 
men  ;  the  remainder  standing  by  with  arms  in  their 
hands,  ready  to  assist  in  the  work  of  destruction,  or  re- 
sist any  interference,  or  interruption,  which  ntight  be 
offered  to  the  full  accomplishment  of  their  purposes. 
Like  the  bundle  of  twigs  which,  separated  from  each 
other,  a  child  might  break ;  yet  which  when  bound 
together,  would  resist  a  giant's  strength ;  so  is  this  evi-  .■ 
dence  ;  separate  the  facts,  and  the  proof  they  offer  is 
weak  and  inconclusive  ;  unite  them,  and  they  form  irre- 
sistible proof  of  the  guilt  of  these  individuals.  Thou- 
sands of  cases  are  found  in  the  books,  where  convic- 
tions have  been  had  upon  less  conclusive,  less  satisfac- 
tory evidence. 

Why  the  remark,  we  must  stick  together,  and,  if 
any  one  is  arrested,  all  must  rally  for  his  rescue  ? 
What  does  the  language  mean  ?     Why  should  it  have 


156  ALTON    TRIALS. 

been  used  ?  Why  should  the  tongue  of  any  man  give 
utterance  to  such  thoughts,  unless  he  was  conscious  of 
guilt  ?  What  danger  was  there  that  these  men  would 
be  arrested,  unless  they  had  committed  an  unlawful  act  ? 
Why  must  they  stick  together,  unless  they  were  then 
casting  about  for  some  means  of  preventing  the  law 
from  reaching  its  victims  ? 

These  are  not  the  expressions  of  men  conscious  of 
innocence  !  No  !  they  proceeded  from  one  who  knew 
he  had  violated  the  laws  of  his  country.  The  conclu 
sion  to  which  a  candid,  an  honest  and  impartial  jury 
must  irresistibly  be  led,  is,  that  these  misguided  men, 
who  had  worked  themselves  up  to  the  belief  that  they 
were  about  to  do  a  meritorious  act ;  who  falsely  im- 
agined, that  when  this  deed  was  done,  they  should  have 
suppressed  abolition,  and  thereby  rendered  good  service 
to  their  country  ;  when  the  w^hirlwind  of  passion  had 
passed,  when  the  hoiu:  for  reflection  had  come,  realized 
the  enormity  of  their  guilt,  and  resolved  to  trample  upon 
other  laws  than  those  they  had  already  violated. 

I  am  no  abolitionist.  I  have  no  sympathy  for  the 
party ;  no  communion  with  their  creed.  But  I  am  a 
friend  to  law  ;  an  enemy  to  mobs  ;  and  an  advocate  for 
good  order.  I  am  opposed  to  the  lawless  acts  of  an 
unprincipled,  an  infuriated,  a  licentious  mob.  I  am 
opposed  to  any  resort  to  brute  force,  much  more  when 
it  is  resorted  to  to  break  down  the  barriers  which  the 
constitution  has  thrown  around  us  all.  Put  down  the 
freedom  of  thought !  suppress  the  freedom  of  speech  ! 
restrain  the  freedom  of  the  press  !  Lawless  force  cannot 
do  it.  The  effort  will  be  useless ;  the  trial  will  be- as 
idle,  as  was  that  when  Canute  the  Dane  planted  his 
chair  upon  the  sea  shore,  and  commanded  the  waves  to 
roll  back  from  their  appointed  place.  That  efl*ort  was 
idle  ;  but  not  more  so  than  this  one.  The  press  still 
speaks  out  in  tones  of  thunder,  and  it  will  speak  out  in 
tones  that  cannot  be  resisted,  and  in  a  language  which 
cannot  be  misunderstood  or  disregarded.  You  cannot 
put  down  the  press  by  force.     I  warn  you  ;  I  warn  all 


ALTON    TRIALS.  157 

against  such  inconsiderate  acts.  Let  abolitionists  think 
if  they  please  ;  let  them  speak  if  they  choose  ;  let  them 
print  if  they  will.  Freedom  of  thought  is  the  birthright, 
and  freedom  of  speech  the  charter  of  every  American 
citizen.  Let  him  use  his  privileges,  let  him  exercise 
his  rights,  "  responsible  to  his  peers  and  the  law  of  the 
land." 

This  verdict  will  determine,  for  weal  or  for  wo, 
the  fate  of  this  community.  If  lawless  violence  can  be 
restrained ;  if  it  is  ascertained  that  mobs  shall  not  rule 
over  us  ;  if  it  is  determined  that  licentiousness  shall  not 
prevail ;  that  crime  shall  not  be  legalized  among  us,  then 
all  will  be  well ;  but,  if  the  verdict  of  this  jury  is  to 
sanction  the  deeds  of  violence  and  murder  which  have 
disgraced  this  city,  then  who  will  stay,  or  who  come 
among  us  ? 

Remember  that  the  eyes  of  this  community,  of  the 
whole  country  are  upon  you ;  that  the  record  of  this 
trial  will  go  to  the  world,  and  that  upon  yourselves  it 
depends  whether  you  are  honored  through  coming  ages 
as  men,  who,  in  an  hour  not  without  its  danger,  fear- 
lessly asserted  the  prerogatives  of  law,  or  whether  your 
names  shall  go  down  to  all  after  time,  as  fixed  figures 
for  the  hand  of  scorn  to  point  his  unerring  finger  at. 
I  have  an  unyielding  hope,  an  unshaken  confidence 
that  this  jury  will  apply  the  law  and  the  evidence  as  it 
should  be  applied.  I  have  a  firm  belief  that  you  will 
act  well  your  duty  to  yourselves,  your  country,  and  your 
God ;  and  that  you  will,  so  far  as  in  you  lies,  remove 
the  stain  which  now  rests  upon  this  community. 

-  I  throw  the  responsibility  upon  you ;  I  have  faith- 
fully laid  before  you  the  law  and  the  testimony  ;  I  have 
discharged  with  what  ability  I  ought,  the  duty  which 
devolved  upon  me ;  I  wash  my  hands  of  the  conse- 
quences ;  I  throw  from  my  shoulders  the  weight  of 
responsibility  which  has  rested  till  now  upon  them,  and 
I  lay  it  where  the  law  has  placed  it,  upon  your  heads. 
In  your  hands  is  the  fate  of  the  accused ;  the  cause  of 

14  A 


159  ALTON    TRIALS. 

good  order ;  the  interests  of  society ;  and  the  mainten 
ance  of  the  laws. 

The  Jury  retired,  and  after  waiting  about  an  hour, 
the  court  adjourned  ;  previously  instructing  the  officer 
not  to  permit  the  jurors  to  separate  unless  they  should 
agree  upon  a  verdict.  H  they  should  agree  during  the 
evening,  the  verdict  was  to  be  sealed  and  placed  in  ilie 
hands  of  the  clerk. 

January  20 tJi. 

The  Court  met  pursuant  to  adjournment,  at  9  o'clock 
this  morning.  The  jurors  answered  to  their  names  as 
they  were  called. 

The  verdict  of  the  jury  (which  had  been  given  to 
the  clerk  the  night  before  sealed)  was  declared  to  be, 
"  Not  Guilty,"  by  Alexander  Botkin,  Foreman. 


NOW  IN  PREPARATION, 

AND  WILL  SHORTLY  BE  PUT  TO  PRESS, 

TWELVE  MONTHS  IN  ALTON, 

Including  a  brief  history  of  the  City  ;  the  estabhsh- 
ment  of  the  Alton  Observer ;  the  first,  second,  third 
and  fourth  destruction  of  the  Press  by  a  Mob  ;  and  the 
death  of  the  Rev.  E,  P.  Lovejoy  ;  with  Views  of  the 
City,  and  the  position  of  the  Warehouse  of  Messrs. 
Godfrey^  Gilman  <^  Co.y  from  which  the  Press  was 
taken. 

BY  JOHN  S.  CLARK. 


i 


t 


\ 


Tape  was  removed  from  the  inside 
front  cover  of  this  book.  The  title 
page  v^as  mended  with  Japanese 
paper  and  wheat  starch  paste.  The 
spine  was  rehned  and  the  joints 
repaired  with  Japanese  paper 
Richard  C.  Baker,  Conservator. 
St.  Louis,  March  2002 


